Finance and Governance Committee

Notice of Meeting

Monday, 09 July 2018

 

 

 

A meeting of the Finance and Governance Committee will be held at 6.00pm on Monday, 9 July 2018 in the River Room, Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, Hurstville, for the consideration of the business available on Council’s website at http://www.georgesriver.nsw.gov.au/Council/Council-Meetings

 

 

 

BUSINESS

1.      Apologies

2.      Disclosures of Interest

3.      Minutes of previous meetings

4.      Committee Reports

 


Finance and Governance Committee Meeting

Summary of Items

Monday, 09 July 2018

 

Previous Minutes

MINUTES: Finance and Governance - 12 June 2018

 

Committee Reports

FIN056-18         Advice on Costs and Status of Council's Court Proceedings - June 2018

(Report by General Counsel)....................................................................................... 2

FIN057-18         Use of Public Land - Local Approvals Policy

(Report by Property Approvals Officer)..................................................................... 16

FIN058-18         Voting Delegates - 2018 Local Government NSW LGNSW Annual Conference - Entertainment Centre Albury - 21 - 23 October 2018

(Report by Acting Executive Manager, Office of the General Manager)............ 68

FIN059-18         Investment Report as at 31 May 2018

(Report by Financial  Accounting Officer)............................................................... 70   

 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 9 July 2018                                Page 2

4.      Committee Reports

Item:                   FIN056-18          Advice on Costs and Status of Council's Court Proceedings - June 2018 

Author:              General Counsel

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the report, Advice on Costs and Status of Council’s Court Proceedings – June 2018, be received and noted.

 

 

Executive Summary

1.      Advice on Council’s Court Proceedings for the period 31 May 2018 to 29 June 2018 is contained within this report.

2.      Total nett costs to date for the 2017/18 financial year for Court proceedings are $848,292. This is within Council’s legal budget of $1million.

3.      Total legal costs recovered to date for the 2017/18 financial year are $295,674.

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

 

Background

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

Supreme Court

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

Land and Environment Court

·   25 x Class 1 (Merit/DA)

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

·   2 x Appeals from Local Court

District Court

·   1 x Workers Compensation

Local Court

·   7 x Prosecutions

NSW Civil and Administrative Tribunal

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

Cost Recovery

·   7 x cost recovery matters

 

Overview – New Matters

6.      Three new matters were received during the reporting period where Council is the respondent: Land and Environment Court Class 1 appeal (CAAE Consulting Pty Limited, Icon Consulting Group Pty Limited and Rakia El-Debel).

7.      Six Local Court matters (Oxford (NSW) Pty Limited and Abbas), one Class 4 (contempt) proceedings (Romanous) and one cost recovery matter (Baptist Church) we finalised. Five Class 1 appeals were finalised (Saoud, Urban Link, G R Capital, Sun and Ng) and one Supreme Court matter (Telado) was discontinued by the applicant.

Current Table

8.      The Court Proceedings current for the reporting period are set out below. The external costs include both external legal and expert 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

70 – 78 Regent Street, Kogarah

 

Applicant: Regent Land Pty Limited ATF Regent Land Unit Trust

 

Proceedings No. 215083 of 2017

Kogarah North Precinct

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 not resolved at S34 Conference on 6 December 2017.  Matter has now been listed for hearing on 5 and 6 July 2018 before Commissioner Smithson.  External urban design, planning and traffic consultants briefed.

$48,277.00

3

11 Stanley Street & 28 – 36 Victoria Street, Kogarah

 

Applicant: No. 1 Victoria Dragons Pty Limited

Proceedings No. 217118 of 2017

Kogarah North Precinct

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 not resolved at S34 Conference on 4 December 2017.   Matter was listed for hearing on 2 and 3 July 2018 however Commissioner Walsh vacated the hearing dates as the joint traffic and urban design evidence was not available.

The matter will be given hearing dates at the directions hearing on 3 July 2018.  External urban design, planning and traffic consultants briefed.

$44,115.00

4

2 – 10 Palmerston Street, Kogarah

 

Applicant: Palmerston Dragon No. 1 Pty Limited

 

Proceedings No. 217105 of 2017

Kogarah North Precinct

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 not resolved at S34 Conference on 5 December 2017. Matter now listed for hearing on 15 & 16 August 2018.  External urban design, planning and traffic consultants briefed.

$26,615.00

5

41 – 47 Princes Highway, Kogarah

 

Applicant:

GCK Investments Pty Limited

 

Proceedings No.  235909 of 2017

Kogarah North Precinct

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 not resolved at S34 Conference on 19 December 2017.  Matter now listed for hearing on 28 & 29 August 2018. External urban design, planning, heritage and traffic consultants briefed.

$27,581.00

6

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.  Applicant ordered to carry out structural rectification works to the warehouse building within 28 days, to pay $7,000 for contribution to storm water works and to obtain Sydney Water consent relative to the sewer assets within 3 months.

$20,137.00

7

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 was unresolved at the S34 Conference on 22 March 2018 and 4 April 2018.  The matter has now been set down for hearing on 13 and 14 September 2018.  External traffic and counsel briefed.

$4,000.00

8

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 of 15 rooms with parking at ground level

Matter was listed for S34 Conference on 30 April 2018 and adjourned to 8 June 2018 to allow provision of amended scheme. Negotiations are continuing.  External town planner and traffic consultant briefed.  Matter resolved by way of S34 Agreement. Section 8.15(3) costs in the amount of $9,500 to be paid.

$21,250.00

9

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 was listed for S34 Conference on 16 May 2018.  External planner briefed.  Resolved by way of S34 Agreement.  Section 8.15(3) costs in the amount of $12,000 to be paid.

$18,837.00

10

2 – 10 Woniora Road, Hurstville

 

Applicant:

Stellar Hurstville Pty Limited

 

Proceedings No. 2017/370324

Class 1 Appeal against deemed refusal of DA262/2016 for demolition of existing buildings and ancillary structures and construction of a new mixed use commercial residential building comprising three basement levels containing car parking and storage, ground floor commercial and basement parking and 12 residential apartment levels containing 112 apartments.

Matter was not resolved at the S34 Conference on 15 June 2018 and has been set down for hearing on 11 – 13 February 2018.  External heritage, traffic and urban design expert retained. 

$8,399.00

11

2 – 4 Gladstone Street & 10 Victor Street, Kogarah

 

Applicant: Vortex Property Group

 

Proceedings No. 2017/377046

Kogarah North Precinct

Class 1 appeal against Council’s deemed refusal of DA 2017/0519 for demolition of existing structures and construction of eleven (11) storey residential flat building containing thirty eight (38) units with basement car parking at 2 – 4 Gladstone Street and 10 Victor Street, Kogarah.

Matter has been listed for S34 Conference on 11 July 2018.  External traffic, heritage and urban design briefed.

$9,520.00

12

832 – 836 King Georges Road & 51 Connells Point Road, South Hurstville

 

Applicant:  Cash Warwick Pty Limited

 

Proceedings No. 2017/384934

Class 1 appeal against Council’s deemed refusal of modification application no. MOD2017/0169 seeking to modify development consent structures and construction of a part 5, part 7 storey residential flat building containing sixty seven (67) units to provide for internal reconfigurations and addition of a storey to building B at 832-836 King Georges Road and 51 Connells Point Road, South Hurstville.

Matter was listed for S34 Conference on 25 June 2018.  Amended plans have been prepared for consideration with a view to entry into a s34 Agreement.

$12,284.00

13

35 – 37 Empress Street, Hurstville

 

Applicant: Tribeca Property Developers Pty Limited

 

Proceedings No. 2017/385110

Class 1 appeal against Council’s deemed refusal of DA 2017/0496 lodged on 20 October 2017 for the demolition of existing structures and construction of a four (4) storey residential flat building comprising of fifteen (15) units with partially below ground basement car parking at 35 – 37 Empress Street, Hurstville.

Matter was listed for S34 Conference on 29 May 2018 and was terminated however negotiations are ongoing and it is anticipated that a S34 Agreement will be entered into shortly.

$16,789.00

14

2D The Crescent, Kingsgrove

Applicant:  W & J Lee Property Investments Pty Limited

Proceedings No. 2018/9499

Class 1 appeal against Council’s refusal of DA 2016/0107 for the construction and operation of a Resource Recovery Facility at 2D The Crescent, Kingsgrove.

 

Matter listed for S34 Conference on 6 September 2018.  Council asserts application is designated development.  Preliminary hearing on designated development issue is listed for hearing on 2018.

$53,018.00

15

5 – 9 John Street, Kogarah Bay

 

Applicant: Touma Property Developments

Proceedings No. 2018/38420

Class 1 appeal against Council’s deemed refusal of DA 2017/0663 for demolition of existing structures and construction of a six storey residential flat building with 44 units with associated 2 levels of basement parking.

 

 

Matter listed for S34 Conference on 30 July 2018.

$0

16

80 Penshurst Street, Penshurst

 

Applicant: 80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust

 

Proceedings No. 2018/84104

Class 1 appeal against Council’s deemed refusal of Modification Application MOD2018/0007 to modify Development Consent 2016/0363 to add an additional unit on level 4, modifications that increase floor space to units on level 3, reduction of floor space for ground floor retail and addition of a substation.

Matter has been listed for hearing on 18 & 19 October 2018.

$0

17

1 – 3 John Street, Kogarah Bay

 

Applicant: Al Abrahim

 

Proceedings No. 2018/114721

Class 1 appeal against deemed refusal to grant development consent to the Applicant for the demolition of existing structures and construction of a 7 storey residential flat building compromising 25 residential apartments and basement parking to

1 – 3 John Street, Kogarah Bay.

Matter listed for S34 Conference on 26 September 2018.

$0

18

22 Vaudan Street, Kogarah Bay

 

Applicant: Nelson Architecture Pty Limited

 

Proceedings No. 2018/121980

Class 1 appeal against deemed refusal of Development Application DA2017/0571 for the demolition of existing house, driveways and parking areas at 22 Vaudan Street, Kogarah Bay.

Matter is listed for hearing on 8 & 9 November 2018.  Section 8.15(3) costs are to be paid in the amount of $3,000.

$0

19

25 Koorabel, 25A Koorabel, 25B Koorabel Street

LUGARNO

 

Parties:

Daoud & Daoud Developments Pty Ltd

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

Defendant found guilty of 2 offences of carrying out development without consent.  Judgment handed down on 16 March 2018 with penalty of $30,400 and costs of $12,000 (total $42,400) ordered.  Appeals lodged in the Land and Environment Court.  Timetable set.  Defendant discontinuing.

$12,299.00

20

10 – 12 Mimosa Street, Oatley

 

Applicant: Ezra 1 Pty Limited

 

Proceedings No: 2018/140860

Class 1 appeal against deemed refusal of Development Application DA2018/0071 for demolition of existing structures and construction of basement car park and 8 attached units to be used as seniors living housing and other ancillary works.

Matter listed for first S34 Conference on 17 October 2018.  External planner, traffic, acoustic and urban design consultants briefed.

$0

21

313 – 323 Princes Highway, Carlton

 

Applicant: Carlton Investments No. 1 Pty Limited

 

Proceedings No: 2018/ 140963

Class 1 appeal against deemed refusal of DA2018/0102 for demolition of existing structures and construction of a part five (5) part six (6) storey mixed use development with three (3) levels of basement carparking.

Matter listed for S34 Conference on 27 November 2018.  External solicitor and planner have been retained.

$0

22

71 – 97 Regent Street, Kogarah

 

Applicant: 95 Regent Street Kogarah Pty Limited

 

Proceedings No: 2018/140943

Kogarah North Precinct

Class 1 appeal against deemed refusal of DA2017/0438 for demolition of existing structures and construction of a part twelve (12) part thirteen (13) storey residential flat building development with three (3) levels of basement car parking.

Matter listed for S34 Conference on 16 November 2018.  External experts for planning, urban design and traffic have been retained.

$0

23

12 John Street, Kogarah Bay

 

Applicant: CAAE Consulting Pty Limited

 

Proceedings No: 2018/168099

Class 1 appeal against deemed refusal of DA2017/0595 for demolition of existing structures and construction of attached 1 and 2 storey dual occupancy with pools to each dwelling and Torrens title subdivision.

Matter listed for s34AA hearing on 4 & 5 December 2018.

$0

24

22 – 26 Montgomery Street, Kogarah

 

Applicant: Icon Consulting Group Pty Limited

 

Proceedings No: 2018/167910

Class 1 appeal against deemed refusal of Development Application DA2018/0138 for partial demolition of existing buildings, restoration of existing heritage listed terraces and construction of a 12 storey plus rooftop, mixed use development consisting of 27 residential units, commercial retail floor area and basement car parking.

Matter listed for S34 Conference on 3 December 2018.  External planner, heritage and urban design experts retained.

$0

25

21 Woodlands Avenue, Lugarno

 

Applicant: Rakia El-Debel

 

Proceedings No: 2018/175741

Class 1 appeal against general order 11 under Schedule 5, Pt 1 of the Environmental Planning & Assessment Act 1979 (NSW) issued by Council in relation to building works at 21 Woodlands Avenue, Lugarno.

 

Matter listed for first directions hearing on 4 July 2018.  Building Information Certificate issued.  Order revoked.  Proceedings discontinued.

$0

 

Subtotal

 

 

$330,886.00

Land and Environment Court Proceedings – Class 4 Proceedings

1

977 Forest Road, Lugarno

 

Parties: The Congregational Christian Church in Samoa, Parish of Sydney Incorporated and Taeipo Malifa

 

 

Proceedings No. 2018/23816

Proceedings commenced against Respondents for a declaration that the First and Second Respondents have each breached the Protection of the Environment Operations Act 1997 by failing to comply with prevention notices given to each of them under section 96 of that Act by Council.

 

Mediation on 2 occasions has failed to resolve noise issues.  Matter listed for directions on 20 July 2018.

$14,518.00

2

34 Milsop & 47 Jersey Avenue, Mortdale

 

Robert Stojanovski &

Steven Stojanovski

 

Proceedings No. 2018/99739

 

Proceedings commenced for unauthorised erection of structures and slabs, including habitation of structure at the premises.

Matter listed for hearing on 21 August 2018.

$6,341.00

Land and Environment Court Proceedings – Class 4 Proceedings (Contempt)

3

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.

 

Class 4 Proceedings for Contempt of Court commenced.

Respondent sought variation to complete works the subject of DAs for Wall and Drainage Works (as defined) which were to be completed in December 2017.    Respondents have repeatedly failed to comply with timeframes within the orders.  Contempt proceedings have been commenced.  Contempt now purged.  Matter discontinued with Respondent to pay Council’s costs. Costs of $18,450 have now been received.  Matter complete.

$22,766.00

4

58 and 60 Blackshaw Avenue, Mortdale

 

Applicant: Marion McDowell and Associates

Proceedings No. 114546 of 2018

Contempt of Court proceedings arising out of continued use of premises as waste transfer station.

Evidence filed.  Matter listed for hearing on 14 August 2018.

$2,696.00

 

Subtotal

 

 

$46,321.00

 

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.

Evidence filed. Applicant’s s96 modification application to delete conditions requiring easements approved by SSPP.  Matter discontinued with applicant to pay Council’s costs on a solicitor/client.

$108,766.00

 

Subtotal

 

 

$108,766.00

District Court

1

Proceedings commenced by former employee for work injury damages

 

Council has watching brief only.  Statecover advised that matter finalised.

$0 (Statecover funded)

 

Subtotal

 

 

$0

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.

Judgment delivered on 4 June 2018.  Defendant found guilty of this offence plus the four listed below.  In total, five convictions for breaches of development consent and the POEO Act.  Defendant fined $17,100 penalty and $23,000 costs.

$2,277.00

2-6

13-17 Peake Parade

PEAKHURST

 

Parties:

Oxford (NSW) Pty Ltd

Appeals against four Penalty Notices for breaches of development consent and one water pollution offence under POEO Act.

See above.

$4,428.00

7

8 Kimberley Road, Hurstville

Parties:

 

Petre Dimovski

Local Court prosecution for unlawful tree removal.

Guilty plea entered.  A conviction was recorded with matter adjourned for sentencing on 10 August 2018.

$0

 

Subtotal

 

 

$6,705.00

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, “seeking the voiding of the election held on 9 September 2017 for the Mortdale Ward of Council due to electoral irregularities perpetrated by the Electoral Commission being of a nature that these defects strike at the entire election”.

Council has watching brief only.

A decision was handed down on 25 May 2018 with the application against the NSW Electoral Commissioner being dismissed. The applicant is to pay most of the costs of the second and third respondent and the Electoral Commissioner.  Applicant is appealing decision to the Supreme Court.

$0

 

Sub Total

 

 

$0

Costs 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.  Church ordered to pay Council’s costs. Costs initially agreed. However, the Church then refused to pay Council’s costs.  Costs have now been received in the amount of $36,833.75.  Matter complete.

$2,568.00

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 including costs.  Pool safety works to be completed and Mortgagee to sell property.  Council will seek to recover outstanding rates and costs upon sale.  Awaiting further advice from Mortgagee in possession.

$0

3

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

Council successful in obtaining costs order for $1,200 following applicant’s application being out of time.  Costs recovery action being undertaken as payment has not been made, following refusal by the Church and Rev Malifa to pay.

$0

4

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 and High Court.  Matter raised with Minister and Local Member.

$1,350.00

5

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 was listed for hearing on 29 May 2018. External town planner and traffic consultant briefed. Matter was resolved by way of S34 Agreement.  Costs of $59,999.00 were payable and have now been received.  Matter complete.

$51,197.00

6

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 was listed for S34 Conference on 1 May 2018. Council’s experts are satisfied that amended plans are capable of approval subject to conditions.  S34 Agreement to be filed.  Section 8.15(3) costs to be paid in the amount of $4,000.

$250.00

7

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 was listed for S34 Conference on 8 May 2018.  Council’s experts are satisfied that the amended plans are capable of approval subject to conditions.   Section 8.15(3) costs to be paid in the amount of $5,400.

$0

 

Subtotal

 

 

$55,365.00

 

9.       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

December

$16,000

January

$16,000

February

$32,000

March

$0

April

$0

May

$16,000

June

$64,000

 Total

$208,000

 

Financial Implications

10.    Within budget allocation.

 

File Reference

09/1077

 

 

  


Georges River Council - Finance and Governance Committee Meeting - Monday, 9 July 2018

FIN057-18              Use of Public Land - Local Approvals Policy

[Appendix 1]          Use of Public Land - Local Approvals Policy pdf

 

 

Page 15

 

Item:                   FIN057-18          Use of Public Land - Local Approvals Policy 

Author:              Property Approvals Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

(a)     That the draft Use of Public Land – Local Approvals Policy be exhibited for a period of no less than 28 days.

 

(b)     That submissions received during the public exhibition period be reported to Council, together with recommended amendments for Council’s endorsement.

 

 

Executive Summary

 

1.      This report seeks Council endorsement to publically exhibit, for a period of 28 days the Use of Public Land – Local Approvals Policy.

 

2.      The proposed Use of Public Land – Local Approvals Policy provides a framework through which Council can determine the suitability of groups and individuals to occupy Council owned and managed land in an equitable and transparent manner and in accordance with relevant legislative requirements.

 

3.      The Use of Public Land – Local Approvals Policy also provides a framework through which Council can make decisions relating to its property assets using a systematic, transparent and informed approach.

 

Background

 

4.      On 23 January 2018, the Executive Team considered and endorsed the draft Use of Public Land – Local Approvals Policy.

 

5.      The draft Policy was developed to guide the management of Public Land in the Georges River Council LGA.

 

6.      The draft Policy includes policy statements to address activities as listed in the table to section 68 of the Local Government Act 1993 and includes:

·    Footway Trading (and ‘A’ Frame signs)

·    Temporary Stalls (food or otherwise)

·    Mobile Food Vending Vehicles

·    Busking and Street Art

·    Public Addresses/Assemblies/Electioneering 

7.      An extensive consultation was conducted with key internal stakeholders to guide the development of the draft Policy. These stakeholders are outlined in the table below.

Key Stakeholder

Directorate

Director

Environmental Health and Planning

Manager, Environment, Health and Regulatory Services

Environmental Health and Planning

Coordinator Environmental Health

Environmental Health and Planning

Coordinator, Regulatory Services

Environmental Health and Planning

Economic Development Officer

Environmental Health and Planning

Entertainment Bookings Assistant, Property

Office of the Environmental Health and Planning

Executive Manager, Premium Facilities and Property

Office of the General Manager

Head of Strategic Property

Office of the General Manager

Manager, Communications and Customer Service

Community and Culture

Entertainment Centre Coordinator

Community and Culture

Manager, Infrastructure, Parks and Waterways

Assets and Infrastructure

Senior GIS Officer

Information Management

Program Coordinator

Transformation and Change

Senior Project Officer

Transformation and Change

 

8.      The Policy is now ready for public exhibition and this report now seeks approval to exhibit the Policy for a period of no less than 28 days.

 

9.      A further report detailing any submissions received during the public exhibition period, will be submitted to Council together with recommended amendments, for Council’s consideration and endorsement at a later date.

 

Financial Implications

10.    No budget impact for this report.

 

Risk Implications

11.    No risks identified.

 

Community Engagement

12.    Community engagement will be conducted via a public exhibition process of the draft Policy.

 

File Reference

18/600

 

 

 

ATTACHMENTS

Attachment 1

Use of Public Land - Local Approvals Policy pdf

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Finance and Governance Committee Meeting - Monday, 9 July 2018

FIN057-18              Use of Public Land - Local Approvals Policy

[Appendix 1]          Use of Public Land - Local Approvals Policy pdf

 

 

Page 64

 


 


Georges River Council – Finance and Governance Committee Meeting -  Monday, 9 July 2018                                Page 66

Item:                   FIN058-18          Voting Delegates - 2018 Local Government NSW LGNSW Annual Conference - Entertainment Centre Albury - 21 - 23 October 2018 

Author:              Acting Executive Manager, Office of the General Manager

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

 

(a)     That Council nominate nine (9) Councillors to attend the 2018 Local Government NSW Annual Conference as voting delegates and other Councillors as observers.

 

(b)     That Council note that the General Manager will nominate staff to attend the Conference.

 

 

Executive Summary

 

1.      This report is presented to Council for its consideration of Councillor voting delegates and attendance at the 2018 Local Government NSW (LGNSW) Annual Conference, to be held at the Entertainment Centre, Albury from Sunday, 21 October to Tuesday, 23 October 2018.

 

Background

 

2.      The 2018 Local Government NSW Annual Conference will be held in Albury from Sunday, 21 October to Tuesday, 23 October 2018.  Separate from conference registration, members must register the names of their delegates for voting on motions during formal business sessions.

 

3.      To be eligible to vote at the Conference, members must be financial on both the calculation date (1 March 2018) and the date that the roll of voters closes (12 midnight, 26 August 2018 AEST).  The formula for calculating members’ voting entitlements is prescribed at Rule 23 of the LGNSW rules.

 

4.      The entitlements in relation to voting are outlined in Attachment 1 from LGNSW.  In 2017 Council’s members voting entitlement was 9 members and the following Councillors were appointed: Councillor Kastanias, Councillor Hindi, Councillor Wu, Councillor Elmir, Councillor Symington, Councillor Katris, Councillor Badalati, Councillor Tegg and Councillor Landsberry.  The Mayor Councillor Greene and Councillor Agius were appointed as alternate delegates.  In 2018 Council’s members voting entitlement is also 9 members.

 

5.      The deadline to provide LGNSW with the names of nominated voting delegates is 5.00pm(AEST) on Tuesday, 2 October 2018.  Nominations of voting delegates received after the closing date/time cannot be accepted.

 

Financial Implications

 

6.      Georges River Council’s LGNSW membership fee for 2018-2019 is $66,408.37.

 

7.      Currently there are funds of $27,800 in the 2018/2019 budget for Councillor attendance at Conferences.

 

8.      Early-bird registration cost for the Conference is $840 per person if paid by 17 September 2018.  Standard registration cost for the Conference is $940 per person.  This year the Conference Dinner attendance is optional at an extra cost of $110 per person.

 

Risk Implications

 

9.      Enterprise risk/s identified and management process applied.

 

10.    Operational risk/s identified and management process applied.

 

11.    No risks identified.

 

Community Engagement

 

12.    Community engagement is not required.

 

File Reference

17/396

 

 

 

  


Georges River Council – Finance and Governance Committee Meeting -  Monday, 9 July 2018                                Page 68

Item:                   FIN059-18          Investment Report as at 31 May 2018 

Author:              Financial Accounting Officer

Directorate:      Office of the Chief Operating Officer

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Investment Report as at 31 May 2018 be received and noted.

 

 

Executive Summary

1.      This report details Council’s performance of its investment portfolio as at 31 May 2018 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 3.01%, which is 1.23% above benchmark. Income    from interest on investments totals $4,992,070 which is $490,973 above 2017/18 year-to-date adopted budget of $4,501,097.

 

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 May 2018, are as follows:

 

 

1 Month

3 Month

12 Month

Portfolio Performance

0.25%

0.62%

3.01%

Performance Index

0.17%

0.48%

1.78%

Excess

0.08%

0.14%

1.23%

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  May was as follows:

Security Type

Market Value $000's

% Total
Value

Cash at Bank

9,688

5.08%

11am Cash

 9,141

4.79%

31 Day Notice Account

 22

0.01%

Flexi Deposit (Fix/Float)

 5,000

2.62%

Floating Rate Deposit

 5,000

2.62%

Floating Rate Note

 66,450

34.81%

Floating Rate TCD

 3,537

1.85%

Term Deposit

 86,041

45.08%

Managed Funds Trust

 5,993

3.02%

Total Cash and Investments

 190,872

100.00%

 

6.      At the end of April 2018, Total Cash and Investments were $184.72M and have increased by $6.15M at end of May 2018.

 

7.      Council continues to utilise the Federal Government’s current guarantee ($250k) 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.      Nil.

 

Loan Liability

 

9.      Council’s loan liability as at 21 May was $2.25m which represents the balance of a $5m ten (10) year loan drawn down on 16 November 2012 for Jubilee Park upgrade in Mortdale. Next repayment of $125k is due 28 June 2018.

 

The outstanding balance on this facility is at a variable interest of 194 basis points over three month BBSW. At the current three month BBSW rate, the interest rate payable is 3.9% pa.

 

10.    Council receives a 4% p.a. 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 within the limits set in the Investment Policy.

 

 

Investment Income

13.    Income from interest on investments approximate totals $4.99M which is $490k above 2017/18 year-to-date adopted budget of $4.50M.

Certificate by Chief Operating Officer (Responsible Accounting Officer): David Tuxford

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 ‘000

% Total Value

Policy Limits

0 to < Year

68,404

35.84%

100%

1 to < 3 Years

80,469

42.16%

70%

3 to < 5 Years

41,999

22.00%

50%

Portfolio Total

190,872

100.00%

 

 

15.    Council’s portfolio is liquid, with 35.84% 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 fixed term deposits, which account for approximately 48% 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)      Cash & Call Accounts refer 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 Term Deposit is a debt security issued by a company with a fixed interest rate over the term of the deposit.

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 NR (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 investments attributes but also elements susceptible to adverse effects of changes in economic conditions.

A2:    Adequate capacity to meet financial commitments, but also speculative 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 68% 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 32% rated ‘BBB’ or ‘unrated’ reflects the 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

 

Financial Implications

 

26.     Within budget allocation.

 

File Reference

D18/137434

 

 

 

ATTACHMENTS

Attachment 1

Investment Portfolio as at 31 May 2018

 


Georges River Council - Finance and Governance Committee Meeting - Monday, 9 July 2018

FIN059-18              Investment Report as at 31 May 2018

[Appendix 1]          Investment Portfolio as at 31 May 2018

 

 

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