Agenda


Finance and Governance Committee

 

Monday, 08 April 2019

6.00pm

 

Georges River Civic Centre

Hurstville

 

 

 

 


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 2

 

          Finance and Governance Committee

ORDER OF BUSINESS

 

1.      Acknowledgement of Country

2.      Apologies

3.      Disclosures of Interest

4.      Public Addresses to the Meeting

5.      Confirmation of Minutes of Previous Meeting  

MINUTES: Finance and Governance Committee - 11 March 2019

6.      Committee Reports

FIN022-19         Draft 2019/20 Budget - Consideration of Upgrading Simpson Reserve Oatley

(Report by Manager Project Delivery)......................................................................... 3

FIN023-19         Property Matter - Ellen Subway Mortdale - Licence Agreement and Road Dedication from Sydney Trains

(Report by Head of Strategic Property)....................................................................... 5

FIN024-19         Property Matter - Lease of Commercial Office Space - Suite 4D, 34 MacMahon Street Hurstville

(Report by Head of Strategic Property)..................................................................... 10

FIN025-19         Investment Report as at 28 February 2019

(Report by Finance Accountant - Reporting).......................................................... 12

FIN026-19         Advice on Costs and Status of Council's Court Proceedings - March 2019

(Report by Director Legal Services and General Counsel).................................. 30

FIN027-19         Councillor Meeting Attendance Record - September 2017 - February 2019

(Report by Head of Executive Services).................................................................. 41

FIN028-19         Tabling of Disclosure of Interest Returns

(Report by Coordinator, Corporate Governance)................................................... 59  

 

 


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 4

Committee Reports

Item:                   FIN022-19            Draft 2019/20 Budget - Consideration of Upgrading Simpson Reserve Oatley 

Author:              Manager Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:     Committee Reports

 

Recommendation

That Council considers the upgrading of the Simpson Reserve Oatley Playground when the 2019/20 draft budget is being formulated.

 

Executive Summary

1.      This report is presented to Council following a Council resolution at the February 2019 Council Meeting.

 

Background

2.      Council resolved at the February 2019 Council Meeting:

(a)  That Council investigate options for a potential upgrade of Simpson Reserve, Yarran Road, Oatley

(b)  That a further report be presented to Council providing options for upgrading the Reserve including potential sources of funding.

(c)   That Council write to Mr Mark Coure MP, Member for Oatley, seeking funding assistance towards the upgrade.

 

3.      The existing playground at Simpson Reserve currently consists of the following elements:

·    Slide

·    Swings

·    Rocker

·    Cricket practice wickets

 

 

4.      As part of the Infrastructure Plus Program, the following playgrounds were identified for replacement for the 2019-2020 and 2020-2021 financial years

2019-2020 Financial Year

2020-2021 Financial Year

Paddy Tyler Reserve - $60,000

Simpson Reserve - $90,000

McGowan Reserve - $70,000

Timothy Reserve - $300,000

 

5.      Due to the age of the equipment, it has been identified for replacement as part of the 2020-2021 Infrastructure Plus Program with $90,000 allocated to the project.  Should Council wish to undertake this project, a replacement scheduled for 2019-2020 will need to be removed to allow for the additional project.

 

6.      If approved, a tender will be called for the Design, Manufacture and Installation of the Simpson Reserve Playground as part of the 2019-2020 Playground Replacement Program.  Works will include a new playground, softfall, cricket practice wickets and a rebound wall.

 

7.      The design of all new playgrounds in undertaken in accordance with the NSW Government Everyone Can Play Guidelines to ensure that people of all ages, abilities and cultural backgrounds can utilise the equipment.  As part of the design, demographic information is provided to the successful Contractor to ensure that the playground meets the specific needs of the Community.

 

8.      At present, Council is sourcing potential Federal and State Government Grants for all capital works including playground upgrades and replacements.

 

Financial Implications

9.      Within budget allocation – this project can be funded from the 2019-2020 Infrastructure Plus Progam.

 

Risk Implications

 

10. No risks identified.

 

Community Engagement

 

11. Community engagement will be conducted including a ‘Have Your Say’ poll on what playground elements the community wishes to see in the design.  Once a draft design is developed, it will be placed on ‘Have Your Say’ to seek additional feedback.

 

File Reference

19/253

 

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 5

Item:                   FIN023-19            Property Matter - Ellen Subway Mortdale - Licence Agreement and Road Dedication from Sydney Trains 

Author:              Head of Strategic Property

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

Recommendation

(a)     That the General Manager be authorised to sign all documentation to effect the dedication of land described as Lot 1 in DP1181159, Lot 1 in DP171156, Lot 1 in DP455333 and Lot 10 Section 1 in DP1884, known as Ellen Subway, Mortdale as public road, from RailCorp (Sydney Trains).

(b)     That pending dedication, the General Manager be authorised to enter into licence with Sydney Trains or its nominated licensor, for the Ellen Subway, Mortdale, described as Lot 1 in DP1181159, Lot 1 in DP171156, Lot 1 in DP455333 and Lot 10 Section 1 in DP1884 on terms and conditions as generally detailed in this report.

 

Executive Summary

1.      Railcorp (Sydney Trains) is the registered proprietor of land described as Lot 1 in Deposited Plan (DP) 1181159, Lot 1 in DP171156, Lot 1 in DP455333 and Lot 10 Section 1 in DP1884.  The lots form part of Ellen Subway, Mortdale. Despite being owned by Sydney Trains, the lots are currently being used for public road purposes.

2.      The lots are deemed “public thoroughfare” by virtue of Act 13, 1909.  However, as the lots are currently being used for public road purposes and is currently being maintained by Council, Sydney Trains propose to transfer (or dedicate) the land to Council. 

 

3.      Pending the transfer of the land, Sydney Trains proposes to enter in a licence agreement with Council pursuant to Section 176 of the Roads Act, 1993.  The proposed licence agreement will permit Council to undertake all functions of the Roads Authority as licensee in accordance with the Act and will be at no cost to Council.

 

Background

4.        The Ellen Subway at Mortdale is situated upon land owned by Railcorp and described as Lot 1 in Deposited Plan (DP) 1181159, Lot 1 in DP171156, Lot 1 in DP455333 and Lot 10 Section 1 in DP1884.  The lots have a combined area of approximately 3,200 square metres and are partially zoned B2 Local Centre and RE1 Public Recreation under the Kogarah Local Environmental Plan, 2012.

5.        Despite the land being in the ownership of Railcorp, a fully formed carriageway has been constructed within the land, to public road standards and has been used by the public to traverse under the railway line between Railway Parade and Cook Street, Mortdale.

6.      In 1909 and pursuant to Act 13, the land known as the Ellen Subway was set aside as a “public thoroughfare by New South Wales (NSW) Rail, in order to provide access under the railway line between Cook Street and Railway Parade at Mortdale.

7.      Act 13 provided for the closing of certain level-crossings on government railway lines and substituting them with bridges, subways, and other works and subsequently declaring them to be public thoroughfares albeit in the ownership of NSW Rail.

8.      In 1923, a plan of the Subway was prepared indicating that the subject land was to be dedicated for road purposes.  A review by Council of Land Registry Services and Rail archives has established that the land was never dedicated and despite being used as a public road for several decades, the land, which is located on the eastern side of the railway line remains in the ownership of Railcorp.  A location plan is provided as Attachment 1.

9.      The Ellen Subway is a fully formed tar sealed road with kerb and gutter.  The road has been maintained by the Council (both the present and former Kogarah Council) for several decades.

 

10.     As the land is managed and maintained by Council, Railcorp via Sydney Trains wish to formally dedicate or transfer Lot 1 in DP1181159, Lot 1 in DP171156, Lot 1 in DP455333 and Lot 10 Section 1 in DP1884 to Council. 

 

11.     As the dedication could take some time to complete, Sydney Trains is proposing that Council enter into a licence agreement pursuant to Section 176 of the Roads Act, 1993 (details of Section 176 are reproduced below):

Section 176 Access roads across land owned by public authority

(1)  A roads authority may enter into, and perform its obligations under, an agreement under which the roads authority contributes towards the expenses of the public authority in constructing and maintaining a road across any land under the control of the public authority.

(2)    While such an agreement is in force, the road is taken to be a public road for the purposes of this Act (Parts 2, 3, 4 and 10 excepted).

12.     The licence agreement will remain valid for an indefinite term pending transfer or dedication of the land to Council.  A plan of the proposed licence area is detailed in Attachment 2.

 

13.     On 21 February, 2019 the Local Planning Panel via DA2017/0570 approved development at 1 Ellen Subway, Mortdale comprising the demolition and construction of a 7 storey mixed use development comprising ground floor commercial space, 38 residential units and basement parking including associated access work over RailCorp owned land.

 

14.     Without the subject licence and/or proposed dedication of the Railcorp land to Council, 1 Ellen Subway is considered landlocked. Deferred Commencement Condition No.8 of DA2017/0570 requires the applicant to comply with the following requirement:

 

Provide evidence that RailCorp and Georges River Council have either entered into a licence agreement for Ellen Subway or that Ellen Subway has been dedicated to Council for use as a public road.

15.     The proposed licence agreement and subsequent dedication of Ellen Subway will formally recognise Council as the local Roads Authority

 

 

 


 

Financial Implications

16.    A peppercorn rental will apply in terms of the proposed licence fee.  Reasonable costs to prepare the proposed licence agreement and plan of dedication will be met by Sydney Trains.

17.    Council has been maintaining the formed road reserve for several decades. Current and future maintenance costs have been factored into Council’s road maintenance budget.  Licensing and subsequent dedication of the land in accordance with the Roads Act, 1993 should not impact on Council’s operational budget in this regard.

 

Risk Implications

18.   No risks identified.

 

Community Engagement

19.   Community engagement is not required in this matter.

 

 

File Reference

19/617

 

 

 

ATTACHMENTS

Attachment 1

Location Plan - Ellen Subway

Attachment 2

Ellen Subway - Proposed Licence Plan

 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN023-19              Property Matter - Ellen Subway Mortdale - Licence Agreement and Road Dedication from Sydney Trains

[Attachment 1]        Location Plan - Ellen Subway

 

 

Page 8

 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN023-19              Property Matter - Ellen Subway Mortdale - Licence Agreement and Road Dedication from Sydney Trains

[Attachment 2]        Ellen Subway - Proposed Licence Plan

 

 

Page 9

 


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 11

Item:                   FIN024-19            Property Matter - Lease of Commercial Office Space - Suite 4D, 34 MacMahon Street Hurstville 

Author:              Head of Strategic Property

Directorate:      Community and Culture

Matter Type:     Committee Reports

 

Recommendation

That the report “Property Matter – Lease of Commercial Office Space – Suite 4D, 34 MacMahon Street Hurstville” be received and noted.

 

Executive Summary

1.      During the General Manager’s performance review in late 2018, it was requested that future lease and licence agreements be reported to Council.

2.      Council is the owner of a commercial office building located at 34 MacMahon Street, Hurstville known as Hurstville House.  Due to a recent vacancy, Suite 4D within the building has become available for lease.

 

3.      A new lease will now be entered into with Julian Finch Holdings Pty Ltd for the 34m2 commercial office space, for a two (2) year lease term with no further option period.

 

Background

4.      The former Hurstville City Council is the owner of a commercial office building located at 34 MacMahon Street, Hurstville.

5.      Council’s managing agent has advised that a new tenant known as Julian Finch Holdings Pty Ltd has agreed to lease Suite 4D/34 MacMahon Street, Hurstville for a fixed two (2) year term.  No further option period will apply.

6.      The tenant has agreed to pay the asking market rent of $428 per square metre per annum exclusive of GST.  This equates to an annual rent of $15,000 gross + GST.  The lessee will also pay $2,280 per annum + GST for one (1) basement car parking space. 

7.      The total value of rental payable under this lease is $17,280 per annum plus GST.  In addition to the rent payable, the following terms and conditions will apply to the lease:

 

Lessor:      

Georges River Council

Lessee:

Julian Finch Holdings Pty Ltd

Address:

Hurstville House – Suite 4D/34 MacMahon Street, Hurstville

Area:

34 square metres (approx)

Usage:

Office Space

Rental:

$15,000 pa + GST ($428 per square metre pa + GST)

Parking:

One (1) car space - $2,280 per annum plus GST

Lease Term

Two (2) Years

Option

Nil

Guarantee/Bond

Three (3) months rent as bond or Bank Guarantee ($4,125.00)

Lease Commencement

1 April, 2019

Rent Commencement

1 April, 2019

Rent Review

3% annually on anniversary of commencement date.

Option Rent Review

Not Applicable

Legal Costs

Lessee to pay Council’s reasonable legal costs in relation to preparation of the lease document.

Special Conditions

1.   Insurance - Lessee to keep a current policy covering Public Liability ($20 million) noting Georges River Council as an interested party

2.   A deposit of $1,375.00 is held by Sydney South Commercial, which will be held in trust pending finalisation.  Should the tenancy not proceed after lease documents have been issued, the cost of lease preparation will be deducted from this amount.

 

Financial Implications

8.    Within budget allocation.

 

Risk Implications

9.    No risks identified.

 

Community Engagement

10.  Community engagement is not required for this matter.

 

 

File Reference

17/3228

 

 

 

  


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 18

Item:                   FIN025-19            Investment Report as at 28 February 2019 

Author:              Finance Accountant - Reporting

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

Recommendation:

That Council receive and note the contents of the Investment Report as at 28 February 2019.

 

Executive Summary

1.      This report details Council’s performance of its investment portfolio as at 28 February 2019 and compares it against key benchmarks.

2.      This report also includes the estimated market valuation of Council’s investment portfolio, loan liabilities and any required update on Council’s legal action against various parties.

3.      Council’s annualised rate of return is 2.68%, which is 0.73% above benchmark. Income from interest on investments totals $3.6m, which is in line with 2018/19 year-to-date adopted budget.

Background

4.      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 (1993).

Investment Performance Commentary

5.      Council’s performance against the benchmark for returns of its investment portfolio for February 2019, are as follows:

 

1 Month

3 Month

12 Month

Portfolio Performance

0.27%

0.72%

2.68%

Performance Index

0.14%

0.47%

1.95%

Excess

0.13%

0.25%

0.73%

Notes:                                                      

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

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

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


 

6.      Council’s investment portfolio as at the end of February was as follows:

Security Type

Market Value $000's

% Total Value

Cash at Bank

20,558

11.19%

11am Cash

1,231

0.67%

31 Day Notice Account

23

0.01%

Covered Floating Bond

1,014

0.55%

Flexi Deposit (Fix/Float)

6,000

3.27%

Floating Rate Deposit

5,000

2.72%

Floating Rate Note

51,342

27.95%

Floating Rate TCD

3,512

1.91%

Term Deposit

89,041

48.47%

Managed Funds Trust

5,989

3.26%

Total Cash and Investments

183,710

100.00%

 

7.      At the end of January 2019, Total Cash and Investments were $177.10m and have increased by $6.61m at end of February 2019.

8.      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

9.      Georges River Council is participating in a Group Class Action against Fitch Ratings Inc., in respect of losses suffered on the Corsair (Cayman Islands) No.4 Ltd Series 6 Kakadu Collateralised Debt Obligation (CDO) notes. Council suffered a capital loss of $214,812 on these investments dating back to December 2006, and will seek damages of the Capital Loss including lost interest as part of the action.

 

Loan Liability

10.    Council’s loan liability, as at 28 February 2019, was $1.875m which represents the balance of a $5m 10 year loan drawn down on 16 November 2012 for the Jubilee Park upgrade in Mortdale. The next repayment of $125k is due on 25 March 2019.

 

11.    The outstanding balance on this facility is at a variable interest rate of 194 basis points above the three month BBSW. At the current three month BBSW rate, the interest rate payable is 3.90% pa.

 

12.    Council receives a 4% p.a. subsidy under the NSW Government’s Local Infrastructure Renewal Scheme funding agreement for the Jubilee Park upgrade facility. It is intended to continue this financially-advantageous arrangement through to full term in 2022.

 

 

 

Policy Limits

 

13.    The following graph below 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. It shows that the funds invested are within the limits set in the Investment Policy.

 

 

Investment Income

14.    Income from interest on investments to 28 February 2019 is estimated at $3.6m, which is in line with 2018/19 year-to-date adopted budget.

 

15.    Investments have been made in accordance with the Local Government Act 1993, 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 < 1 Year

97,605

53.13%

100%

1 to < 3 Years

60,840

33.12%

70%

3 to < 5 Years

 25,265

13.75%

50%

Portfolio Total

183,710

100.00%

 

 

16.    Council’s portfolio is liquid, with 53.13% of assets maturing within 12 months. FRNs, At-Call Funds and Fixed Bonds also provide additional liquidity in an emergency.

 

 

 

 

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

 

 

 

Type of Investments

18.    Council’s investment portfolio is mainly directed to fixed term deposits, which accounts for approximately 52% of total investments.

 

19.    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).

 

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

a)      Cash and 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)      An 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

21.    Credit ratings are generally a statement as to an institution’s credit quality. Ratings ranging from AA to BBB (Short Term) & AA to BBB (long term) are considered investment grade.

 

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

Short-term

AA:            The best quality companies, reliable and stable. An obligor’s capacity to meet its financial commitments on the obligation is very strong.

A:               The obligor’s capacity to meet its financial commitments on the obligation is still strong but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions.

BBB:          Adequate capacity to meet financial commitments, but adverse economic conditions or changing circumstances are more likely to weaken the obligor’s capacity 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.         

Long-term

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.

23.    The credit quality of Council’s portfolio is relatively high with approximately 72% of assets rated ‘A’ or higher. The ‘AAA’ assets represent the deposit investments covered by the Federal Government’s Financial Claims Scheme (FCS).

 

24.    The remaining 28% rated ‘BBB’ or ‘unrated’ reflects the deposit and FRN investments with the regional and unrated ADIs.

 

Council’s Investment Powers

25.    Council’s investment powers are regulated by Section 625 of the NSW Local Government Act (1993), 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.

 

26.    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

27.    Within budget allocation.

 

Risk Implications

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

 

29.    Council’s enterprise risk identified was ‘poor financial management adversely impacts Council’s long term financial sustainability’. The risk has been managed by Council’s management of investments in accordance with the relevant act and regulations, along with Council adopted Investment Policy. To further minimise the risk, Council will progressively move towards the placement of investments only in investments rated A or above.

 

Community Engagement

30.    No community consultation is required as a result of this report. Members of the community are able to attend and address Council at the Council meeting in relation to this matter in accordance with Council’s Code of Meeting Practice.

 

File Reference

D19/60563

 

 

 

 

ATTACHMENTS

Attachment 1

Investment Report as at 28 February 2019

 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN025-19              Investment Report as at 28 February 2019

[Attachment 1]        Investment Report as at 28 February 2019

 

 

Page 24

 


 


 


 


 


 



 


 


 



Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 40

Item:                   FIN026-19            Advice on Costs and Status of Council's Court Proceedings - March 2019 

Author:              Director Legal Services and 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 – March 2019” be received and noted.

 

Executive Summary

1.      Advice on Council’s Court proceedings for the period 1 March 2019 to 27 March 2019 is contained within this report.

2.      Total costs to date for the 2018/19 financial year for Court proceedings are $1,097,064.

3.      Total legal costs recovered to date for the 2018/19 financial year are $549,945.

4.      Total nett costs are $547,119.

 

Background

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

Supreme Court

·        3 x Summons

Land and Environment Court

·        25 x Class 1 (Merit/DA)

·        3 x Class 4 proceedings (including 1 x Contempt of Court proceedings)

·        18 x Class 5 (Environmental Prosecutions) Summons’

·        1 x Class 6 (Appeal from Local Court)

Local Court

·        2 x Council Prosecutions

 

New Matters

6.      There were three new matters: two new Class 1 matters received during this period (Kostantopoulos) and (Chris Thomas) and one Class 6 Appeal (Austyle Projects Pty Limited).

Finalised matters

7.      Four matters were finalised – (C A Camperdown Pty Limited), (Sans Souci Bathers Pavilion), (Picciau) and (Thomas).

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’ (Court witnesses’) fees.


 

 

 

 

No.

Property Address / Applicant / Proceedings Number

Description of Matter

Status / Critical Dates

Land and Environment Court Proceedings – Class 1 Appeals

1

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, 12 and 13 February 2019.  S34 Agreement has been reached and is being finalised by the Court.

External heritage, traffic and urban design expert retained.

2

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 was not resolved at the S34 Conference on 11 July 2018 and has been listed for hearing on 4, 5 and 6 March 2019.  Awaiting judgment.

External traffic, heritage and urban design briefed. 

3

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 was not resolved at the S34 Conference on 26 September 2018 and has been listed for hearing on 9 and 10 April 2019.

 

4

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 was not resolved at the S34 Conference on 17 October 2018 and has been listed for hearing on 3 and 4 June 2019.

External planner, traffic, acoustic and urban design consultants briefed.

5

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 car parking.

 

Matter was not resolved at the S34 Conference on 27 November 2018 and has been listed for hearing on 27 & 28 June 2019.  Section 34 Agreement being negotiated following amended plans.

External solicitor, planner and traffic expert have been retained.

 

6

71 – 97 Regent Street, Kogarah

 

Applicant: 95 Regent Street Kogarah Pty Limited

 

Proceedings No: 2018/140943

Kogarah North Precinct

SSPP concurrence authority

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

Matter was not resolved at the S34 Conference on 16 November 2018 and is listed for hearing on 24 & 25 June 2019.  Amended proposal to go to S34 Agreement.

External planning, urban design and traffic experts have been retained.

7

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 was not resolved at S34 Conference on 3 December 2018 and has been listed for hearing on 1 and 2 July 2019.  Amended proposal to go to S34 Agreement.

External planner, heritage and urban design experts retained.

8

2 – 4 Allen Street & 42 – 44 Connells Point Road, South Hurstville

 

Applicant:  C A Camperdown Pty Limited

 

Proceedings No: 2018/213640

SSPP concurrence authority

 

Class 1 appeal against deemed refusal of DA2017/0421 for the construction of an 8 storey mixed use building containing 64 residential units & 2 retail/commercial tenancies and 4 levels of car parking.   DA includes part of Council land (public car park).

 

 

Matter was not resolved at S34 Conference on 20 December 2018   Following amended proposal, s34 Agreement entered into.

External lawyer, planner and urban design experts briefed.

9

158 Connells Point Road, Connells Point

 

Applicant: Chung Kei Ng

 

Proceedings No: 2018/223668

 

Class 1 appeal against LPP refusal of DA2017/0286 for alterations and additions to a dwelling, construction of a new building to rear and change of use into a child care centre.

 

Matter was listed for S34 Conference on 24 January 2019 however was not resolved. 

Matter is listed for hearing on 15 and 16 August 2019.

10

7 Wharf Road, Kogarah Bay

 

Applicant: Rod Zoabi T/A ZTA Architects

 

Proceedings No: 2018/234703

 

Class 1 appeal against refusal of DA2017/0024 for demolition of existing structures and construction of three storey attached dual occupancy premises with swimming pools and outbuildings and subdivision of land.

Section 34AA Conciliation Conference heard on 13 and 14 March 2019.  Awaiting judgment.

 

11

70 Kyle Parade, Kyle Bay

 

Applicant: Marilyn Kidd

 

Proceedings No: 2018/214451

 

Class 1 Appeal against deemed refusal of DA2017/0625 for subdivision into 2 allotments and demolition of carport structure.

Matter was not resolved at the S34 Conference on 13 November 2018 and is now listed for hearing on 17 and 18 June 2019.

External lawyer retained.

12

279 – 281 Belmore Road, Riverwood

 

Applicant: Riverwood Development Company Pty Limited

 

Proceedings No: 2018/244694

 

Class 1 appeal for refusal of DA2016/0219 for demolition of existing structures and construction of a mixed use development.

Matter was listed for S34 Conference on 4 March 2019.  S34 Agreement being negotiated.

External lawyer together with planning, traffic, urban design and acoustic experts retained.

13

44 Caloola Crescent, Beverly Hills

 

Applicant: Oscar Picciau & Xianyong Zhang

 

Proceedings No: 2018/246713

Class 1 Appeal against refusal of DA2018/0081 for demolition of existing buildings and construction of a new two storey dual occupancy including outbuildings, front fences and swimming pools.

Matter is listed for S34AA Conciliation Conference heard on 7 and 8 March 2019.  Judgment on 26 March 2019 upheld appeal, granted development consent.

14

32 – 38 Montgomery Street, Kogarah

 

Applicant:  Lateral Estate Pty Limited

 

Proceedings No: 2018/260971

 

SSPP concurrence authority

Class 1 Appeal against deemed refusal of DA2018/0139 for the demolition of existing structures and construction of a 12/13 storey mixed use development comprising a residential flat building with 74 apartments over ground floor retail, basement car parking and landscaping.

 

Matter was listed for S34 Conference on 12 December 2018 however was not resolved.  Matter has been set down for hearing on 29, 30, 31 July and 1 August 2019. 

External planning, urban design and heritage briefed.

15

10 Renn Street, Kogarah Bay

 

Applicant: Zeina Masri

 

Proceedings No: 2018/281447

 

Class 1 Appeal against deemed refusal of DA2017/0662 for the construction of a two storey dwelling house with a basement pool, front fence and cabana.

Matter has been set down for S34AA conciliation on 11 and 12 April 2019. 

External planning consultant retained.

16

513 Princes Highway, Blakehurst

 

Applicant: Borina Pty Limited

 

Proceedings No: 2018/296856

Class 1 Appeal against deemed refusal of DA2018/303 for the demolition of the existing motel and improvements and the erection of a residential flat building development comprising 43 units being 1 x 1 bed and 42 x 2 bed apartments over two levels of basement parking (77 cars).

 

Matter is set down for a S34 Conference on 29 April 2019. 

External planning consultant retained.

17

505 – 507 Rocky Point Road, Sans Souci

 

Applicant: Al Abrahim

 

Proceedings No: 2018/317003

Class 1 Appeal against deemed refusal of DA 2018/0252 for the demolition of existing dwellings and ancillary structures and the construction of a

mixed-use development over basement parking.

Matter is listed for S34 Conference on 24 May 2019. 

External planning and urban design experts retained.

18

125 Boundary Road, Peakhurst

 

Applicant: Australian Fitness Management Pty Limited

 

Proceedings No: 2018/310085

Class 1 Appeal against deemed refusal of DA2018/0129 for the fit

out and use as a fitness studio (recreation facility (indoor)opening 24 hours, 7 days and associated signage.

 

Matter is listed for S34 Conference on 20 May 2019.

External traffic expert briefed.

19

31 & 31A Regent Street, Kogarah

 

Applicant:  Peter Thanos

 

Proceedings No: 2018/363618

Class 1 Appeal against deemed refusal of DA2018/0214 for the demolition of existing building and construction of a 16 room new generation boarding house comprising 1 ground floor commercial tenancy and a car park for 5 vehicles and 4 motorcycle spaces.

 

Matter listed for S34 Conference on 23 July 2019.

20

143 – 145 Rocky Point Road, Beverley Park

 

Applicant:  Adouni & Raad Pty Limited

 

Proceedings No: 2018/369087

 

Class 1 Appeal against deemed refusal of DA2018/0429  for the demolition of existing building and the construction of a residential flat building, basement car parking, landscaping and associated works

Matter listed for S34 Conference on 31 July 2019.

21

3 Gray Street, Kogarah

 

Applicant: Best Build NSW Pty Limited

 

Proceedings No: 2018/393349

 

Class 1 Appeal against deemed refusal of DA2018/0201 for the demolition of existing building and the construction of a 6 storey boarding house comprising 44 rooms including site manager room over basement car parking

Matter listed for S34 Conference on 28 August 2019.

22

301 Kingsgrove Road, Kingsgrove

 

Applicant: Futuristic Design Pty Limited

 

Proceedings No: 2018/390589

 

Class 1 Appeal against refusal of DA2017/0487 for the demolition of all structures and construction of a two (2) storey child care centre for forty seven (47) children and basement car parking

Matter listed for S34 Conference on 19 August 2019.

External lawyer has been briefed.

23

22 Empress Street, Hurstville

 

Applicant: Erdogan Kasif

 

Proceedings No: 2019/9753

 

Appeal against deemed refusal of DA2018/0441 for partial demolition of existing structures and construction of a residential flat building containing 6 apartments with basement car parking

Matter listed for S34 Conference on 13 September 2019.

24

60 Park Street, Peakhurst

 

Applicant:  Costa Kostantopoulos

 

Proceedings No: 2019/70803

 

Appeal against deemed refusal of DA2018/0414 to demolish the existing building and erect a centre based child care facility.

Matter listed for first directions hearing on 2 April 2019

25

1 Pitt Street, Mortdale

 

Applicant: Chris Thomas

 

Proceedings No: 2019/66224

Appeal against deemed refusal of MOD 2018/0158 to modify Development Consent Number MOD2018/0102 so as to extend trading hours on Sunday nights from 2am the next day to 5am the next day for a 12 month trial period.

 

Matter listed for first directions hearing on 28 March 2019.  Modification approval issued and matter discontinued.

 

Land and Environment Court Proceedings – Class 4 Proceedings

1

34 Milsop & 47 Jersey Avenue, Mortdale

 

Parties: Robert Stojanovski &

Steven Stojanovski

Proceedings No. 2018/99739

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

Respondent has failed to comply with Court Orders dated 21 August 2018 requiring demolition of unauthorised structure.

Contempt proceedings are listed for hearing on 15 April 2019.

External lawyers briefed.

2

East Quarter – 93 Forest Road,
Hurstville

 

Parties:  Hville FCP Pty Limited

 

Proceedings No: 2018/311231

 

Proceedings commenced for non-payment of contributions under a Voluntary Planning Agreement for Stage 3 of East Quarter site.

Partial payments made in October and December 2018.  Respondent has agreed to Consent Orders to pay Council’s costs and finalise payment of all outstanding monies and obligations by 31 March 2019.

3

297 Rocky Point Road, Sans Souci

 

Parties:

Alan Frederick Goddard

 

Proceedings No.:

2018/366019

 

Proceedings commenced for hoarding at property.

Matter is listed for hearing on 2 September 2019.

Land and Environment Court Proceedings – Class 5 Proceedings

1

111 Gungah Bay Road, Oatley

 

Parties: W K Strong Pty Limited

Proceedings No: 2018/227315, 2018/227316, 2018/227361, and 2018/227363.

 

Parties: Khaled Awada

Proceedings No: 2018/227336

 

Class 5 appeals in relation to lopping and injuring trees and development not in accordance with development consent at 111 Gungah Bay Road, Oatley.

 

Council’s evidence in chief filed.  W K Strong Pty Limited and Awada entered guilty pleas.

Matter listed for sentencing hearing on 3 July 2019.

Land and Environment Court – Class 6 Proceedings

1

46 Terry Street, Blakehurst

 

Parties: Austyle Projects Pty Limited

 

Proceedings No: 2019/65973

Prosecution for offences of development without consent involving unauthorised road closures, materials being stored on the road/footpath reserve area and non- compliant signage.

 

Matter was listed in the Local Court for contested hearing on 1 February 2019.  Defendant entered a late guilty plea during the course of the hearing and was ultimately fined $30,000 for DA breaches, $800.00 for the Roads Regulation contraventions and Council was awarded $3,000 in costs.  Total amount payable by the Defendant is $33,800.

 

Defendant has now appealed to the Land and Environment Court.  The matter is listed for a directions hearing on 3 May 2019.

 

Local Court Proceedings

1

50 Queens Road, Connells Point

 

Parties: SAF Developments Pty Limited

Prosecution for development without consent involving unauthorised road closures, materials being stored on the road reserve area, defective/non-compliant sediment and erosion controls , defective non- compliant signage, defective tree protection facilities and allowing materials to enter the storm water system.

 

Defendant has pleaded guilty to 4 offences.  Matter fixed for hearing on sentence 14 June 2019.

 

2

Shop 5 & 6, 309 Forest Road, Hurstville (Spicy Orient)

 

Parties: Jiongyao Lin & L Z Infinity Pty Limited

 

Prosecution for multiple breaches of the Food Act.  Defendant has closed business and is unable to be located.  Application for substituted service to be made.

Matter is listed for a sentencing hearing on 4 July 2019. 

 

Supreme Court

1

220 – 226 Princes Highway, Kogarah Bay.

 

Parties:

Nikolaos & Marianna Sykalos

Proceedings No.

2018/215935

 

Supreme Court appeal seeking transfer of ownership of public car park on corner of Princes Highway and Park Road to the plaintiffs as adjoining land owners allegedly pursuant to an historic Deed.

Matter listed for formal mediation on 25 February 2019 before Mr Ian Cullinan.  Matter was unable to be resolved.  Proceedings are now listed for directions on 29 March 2019 in the Real Property List.  Strike out application filed.

2

Sans Souci Bathers Pavilion

 

Parties: Blakehurst Marina Pty Limited

Proceedings No.  2018/297522

 

Proceedings in relation to an Agreement to Lease and allegations of misleading and deceptive conduct by Council relating to the Sans Souci Bathers Pavilion.

Matter is being handled by Council’s insurers.  Matter has been stood over to 12 April 2019 for the parties to finalise a Deed of Settlement.  Plaintiff to discontinue proceedings.

 

3

977 Forest Road, Lugarno

 

Parties: Taeipo Malifa

Proceedings No. 2019/43432

 

Proceedings seeking leave to appeal Land and Environment Court decision of 12 December 2018.

Applicant has sought leave to appeal against consent orders agreed in December.  Council has filed a strike out motion.  Both applications listed on 1 April 2019 in the Supreme Court. 

 

9.   Costs to date are as follows:

 

Type

Amount

Class 1 Appeals – Consultants for Court Proceedings

$543,650.00

Class 1 Appeals – Planning DA External Lawyers

$345,778.00

Class 2 Appeals

$0

Class 3 Appeals

$0

Class 4 Appeals

$104,176.00

Class 5 Appeals

$27,824.00

Local Court Prosecutions/Enforcements

$36,153.00

Supreme Court Proceedings

$39,483.00

Industrial Relations Commission (IRC)

$0

Total

$1,097,064.00

 

 

Financial Implications

 

10.    Within budget allocation.

 

Risk Implications

11.    No risks identified.

 

Community Engagement

12.    No community engagement is required.

 

File Reference

17/1831

  


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 42

Item:                   FIN027-19            Councillor Meeting Attendance Record - September 2017 - February 2019 

Author:              Head of Executive Services

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

Recommendation

That the meeting attendance record of all Councillors for the period September 2017 to February 2019 inclusive, as detailed in Attachment 1 to this report, be received and noted.

 

Executive Summary

1.      This report is for the information of Councillors in response to a Notice of Motion considered by Council at its meeting on 25 February 2019.

 

Background

2.      At its meeting on 25 February 2019, Council resolved for a report to be prepared detailing the attendance of all Councillors for the period September 2018 to February 2019 for each of the following events;

·    Ordinary meetings of Council;

·    Extraordinary and emergency meetings of Council;

·    Standing Committee meetings;

·    Advisory Committee Meetings

·    Audit Risk and Improvement Committee meetings; and

·    Councillor Workshop/Briefing Sessions

3.      For the further information of Councillors, this report includes data up to and including 11 March 2019.

4.      Attachment 1 to this report contains a summary of all meetings attended by each Councillor compared to the number of meetings held.  With regard to Standing and Advisory Committees the data provided gives particular reference to attendance by Councillors who are members of each Committee.

5.      Attachments 2 through 5 contain full details of attendance at each meeting by individual Councillors during the specified timeframe.

 

Financial Implications

5.      No budget impact for this report.

 

Risk Implications

6.      No risks identified.

 

Community Engagement

7.      Not applicable


 

 

File Reference

D19/62952

 

 

 

ATTACHMENTS

Attachment 1

Councillor Attendance -Summary

Attachment 2

Councillor Attendance - Council Meetings

Attachment 3

Councillor Attendance - Standing Committees

Attachment 4

Councillor Attendance - ARIC and Advisory Committees

Attachment 5

Councillor Attendance - Briefings and Workshops

 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN027-19              Councillor Meeting Attendance Record - September 2017 - February 2019

[Attachment 1]        Councillor Attendance -Summary

 

 

Page 43

 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN027-19              Councillor Meeting Attendance Record - September 2017 - February 2019

[Attachment 2]        Councillor Attendance - Council Meetings

 

 

Page 45

 



Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN027-19              Councillor Meeting Attendance Record - September 2017 - February 2019

[Attachment 3]        Councillor Attendance - Standing Committees

 

 

Page 49

 

Note: Cells highlighted in black denote Councillor is not a member of relevant Committee at that time.  (The Mayor is Ex-officio of Committees)

          *Asterisks denote change in membership.


 


 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN027-19              Councillor Meeting Attendance Record - September 2017 - February 2019

[Attachment 4]        Councillor Attendance - ARIC and Advisory Committees

 

 

Page 51

 


 


Georges River Council -         Finance and Governance Committee - Monday, 8 April 2019

FIN027-19              Councillor Meeting Attendance Record - September 2017 - February 2019

[Attachment 5]        Councillor Attendance - Briefings and Workshops

 

 

Page 58

 


 


 


 


 


 


 


Georges River Council – Finance and Governance Committee -  Monday, 8 April 2019                                               Page 59

Item:                   FIN028-19            Tabling of Disclosure of Interest Returns 

Author:              Coordinator, Corporate Governance

Directorate:      Business and Corporate Services

Matter Type:     Committee Reports

 

Recommendation

That the tabling of Disclosure of Interest Returns be noted.

 

Executive Summary

1.      This report is presented for the purpose of the tabling of Disclosure of Interest Returns (Returns) recently lodged with the General Manager by designated persons.

 

Background

2.      In accordance with section 4.21(a) of the Model Code of Conduct a person on becoming a designated person must complete and lodge a Return with the General Manager within three months after becoming a designated person. 

3.      Additionally, section 4.25 requires that returns lodged with the General Manager under clause 4.21(a) be tabled at the first meeting of the council after the last day the return is required to be lodged. 

4.      Accordingly the following Returns have been lodged with the General Manager and are tabled at this meeting, for the designated position holders:

·      Manager Office of the General Manager

·      Development Compliance Officer

·      Director City Strategy and Innovation

·      Strategic Planner

·      Team Leader Development Advisory Services

·      Head of Strategic Property

 

Financial Implications

5.      There are no budget implications from this report.

 

Risk Implications

6.   The implementation of this process and the submission of this report to Council are consistent with action 8.6 of the Enterprise Risk Management Strategy, in regards to legislative compliance.

 

Community Engagement

7.   Community engagement is not required to be conducted in regards to this matter.

 

File Reference

D19/68176