HSC_100K_NEW

 

 

BUSINESS PAPER

 

General Meeting

 

Wednesday 9 October 2019

at 6:30PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 1

 

TABLE OF CONTENTS

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

GENERAL BUSINESS

Office of the General Manager

Nil

Corporate Support Division

Item 1     CS20/19 Water Based Addressing Project, Place Name Registration of Silverwater Reach and Extension of The Suburb Boundary of Berowra Waters................................................. 1

Item 2     CS35/19 Independent Pricing and Regulatory Tribunal (IPART) Report - Review of Reporting and Compliance Burdens on Local Government........................................................... 5

Item 3     CS33/19 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons.................................................................................................. 23

Item 4     CS34/19 Investments and Borrowings for 2019/20 - Status for Period Ending 31 August 2019................................................................................................................................ 26

Community and Environment Division

Nil

Planning and Compliance Division

Nil

Infrastructure and Major Projects Division

Nil  

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Item 5     MN9/19 Mayors Notes from 01 September to 30 September 2019............................... 29

Notices of Motion

Item 6     NOM14/19 Youth Advisory Council............................................................................ 31     

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


Hornsby Shire Council                                                   Agenda and Summary of Recommendations

Page 1

 

AGENDA AND SUMMARY OF RECOMMENDATIONS

 

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Lieutenant Lloyd Stanimirovic of The Salvation Army, Hornsby will open tonights meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

 

ABORIGINAL RECOGNITION

Statement by the Chairperson: 

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples.  We pay our respects to elders past and present."

 

Video and AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being video streamed live via Council’s website and also audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability.  The audio and video recordings of the non-confidential parts of the meeting will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms.  No other persons are permitted to record the Meeting, unless specifically authorised by Council to do so."

 

APOLOGIES / LEAVE OF ABSENCE

political donations disclosure

declarations of interest

Clause 4.16 and 4.17 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

4.16      A councillor who has a pecuniary interest in any matter with which the council is concerned, and who is present at a meeting of the council or committee at which the matter is being considered, must disclose the nature of the interest to the meeting as soon as practicable.

4.17      The councillor must not be present at, or in sight of, the meeting of the council or committee:

a)            at any time during which the matter is being considered or discussed by the council or committee, or

b)            at any time during which the council or committee is voting on any question in relation to the matter.

Clause 5.10 and 5.11 of Council’s Code of Conduct for Councillors requires that a councillor or a member of a Council committee who has a non pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

5.10      Significant non-pecuniary conflict of interests must be managed in one of two ways:

a)            by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b)            if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.16 and 4.17.

5.11      If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

 

confirmation of minutes

THAT the Minutes of the General Meeting held on 18 September, 2019 be confirmed; a copy having been distributed to all Councillors.

Petitions

presentations

Rescission Motions

Mayoral Minutes  

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council.  Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

 

GENERAL BUSINESS

·                Items for which there is a Public Forum Speaker

·                Public Forum for non agenda items

·                Balance of General Business items

 

Office of the General Manager

Nil

Corporate Support Division

Page Number 1

Item 1          CS20/19 Water Based Addressing Project, Place Name Registration of Silverwater Reach and Extension of The Suburb Boundary of Berowra Waters

 

RECOMMENDATION

THAT Council support the:

1.         Place name registration of “Silverwater Reach” on the Hawkesbury River with the Geographical Names Board, which will be followed by a one-month public advertisement period by the Geographical Names Board.

2.         Proposal to extend the suburb boundary of Berowra Waters and “absorb” the suburb of Berowra Creek, and the proposal to be submitted to the Geographical Names Board for consideration.

 

Page Number 5

Item 2          CS35/19 Independent Pricing and Regulatory Tribunal (IPART) Report - Review of Reporting and Compliance Burdens on Local Government

 

RECOMMENDATION

THAT:

1.       The comments included in Director’s Report No. CS35/19 regarding the recommendations which have emanated from the Independent Pricing and Regulatory Tribunal’s Final Report - Review of reporting and compliance burdens on Local Government, and which the NSW Government has made open for consultation, form the basis of an online submission by Council to the Office of Local Government (OLG).

2.       A copy of Director’s Report No. CS35/19 be provided to the OLG in order that Council’s comments for those recommendations which are not open for consultation are also brought to attention.

 

Page Number 23

Item 3          CS33/19 Pecuniary Interest and Other Matters Returns - Disclosures by Councillors and Designated Persons

 

RECOMMENDATION

THAT Council note the Written Returns of Interest recently lodged with the General Manager have been tabled as required by the Local Government Act.

 

Page Number 26

Item 4          CS34/19 Investments and Borrowings for 2019/20 - Status for Period Ending 31 August 2019

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS34/19 be received and noted.

 

Community and Environment Division

Nil

Planning and Compliance Division

Nil

Infrastructure and Major Projects Division

Nil  

PUBLIC FORUM – NON AGENDA ITEMS

Questions with Notice

Mayor's Notes

Page Number 29

Item 5          MN9/19 Mayors Notes from 01 September to 30 September 2019

Notices of Motion

Page Number 31

Item 6          NOM14/19 Youth Advisory Council

 

COUNCILLOR Nicita To Move

THAT:

1.         Council note the recent success of the Youth Future Forum undertaken as part of the Local Strategic Planning Statement development and the stated desire of many participants to have further opportunities to engage with Council.

2.         Information be prepared for discussion at a future Informal Councillor Workshop on the viability of establishing a Youth Advisory Council or Committee; taking into consideration resource implications, opportunities for recruitment from our local schools and the existing work of Councils such as Monash, Melton and Maribyrnong in this space.

3.         Council explore further opportunities for Youth Forums outside the context of the current Local Strategic Planning Statement process.

 

 

SUPPLEMENTARY AGENDA

MATTERS OF URGENCY 

 


   


 

Director's Report No. CS20/19

Corporate Support Division

Date of Meeting: 9/10/2019

 

1        WATER BASED ADDRESSING PROJECT, PLACE NAME REGISTRATION OF SILVERWATER REACH AND EXTENSION OF THE SUBURB BOUNDARY OF BEROWRA WATERS   

 

 

EXECUTIVE SUMMARY

·              The community contacted Council in October 2018 regarding emergency service delays and issues in identifying properties correctly due to inconsistent, ambiguous and unclear addressing of water access only properties on the Hawkesbury River.

·              Council initiated the project in February 2019 and consulted with NSW Addressing and the Geographical Names Board (GNB) to determine the best practice address format in enabling quicker and easier identification of these properties and improve emergency service responses.

·              A review of the existing addresses and feedback received from residents highlighted a couple of barriers to consistent and clear addressing including the use of unrecognised Geographical Names Board place names (“Silverwater Estate”) and the general community’s identification with the suburb name of Berowra Waters instead of Berowra Creek.

·              The Geographical Names Board approved the name Silverwater Reach in their meeting on 16th July 2019, rejecting the designation value of “Bay” which was proposed by the community as the land form is not a “Bay.”

·              The community was invited to comment on the proposal to extend Berowra Waters and Council has received positive feedback and a general consensus to support the change.

 

RECOMMENDATION

THAT Council support the:

1.         Place name registration of “Silverwater Reach” on the Hawkesbury River with the Geographical Names Board, which will be followed by a one-month public advertisement period by the Geographical Names Board.

2.         Proposal to extend the suburb boundary of Berowra Waters and “absorb” the suburb of Berowra Creek, and the proposal to be submitted to the Geographical Names Board for consideration.

 


PURPOSE

The purpose of this Report is to inform Council of the water based addressing project and to seek Council support to register the place name of Silverwater Reach with the Geographical Names Board (GNB) and proposal to extend the suburb boundary of Berowra Waters to “absorb” the suburb of Berowra Creek. 

BACKGROUND

The water based addressing project was initiated in response to resident complaints and concerns regarding inconsistent, unclear and ambiguous addressing used by various government agencies and emergency service providers of water access only properties in Hornsby Local Government Area. Government agencies, utility providers, emergency services and residents use different addresses to identify any one water-based property. Multiple addresses for individual properties cause confusion and results in issues and delays for residents – particularly during emergencies, and when connecting to utilities and registering to vote. This project aims to assign one unique and singular address that will be used by all government agencies, utility providers and emergency services so that properties can be more quickly and easily identified.

DISCUSSION

The address format was determined after consultations with NSW Addressing and the GNB so that the new addresses will be consistent with existing NSW naming and addressing standards, policies and guidelines. The address would include a consecutive house number in a downstream direction, GNB recognised place name as the “street” name and the official suburb name.

A review of the current addresses used by Council and different agencies identified issues such as naming duplication, inconsistent numbering and use of unofficial place names. Two of these issues were present for “Silverwater Estate” – the place name of this settlement was officially recognised as Berowra Waters in Council’s records; however, Berowra Waters is also the suburb name.

In addition, if there was no GNB recognised place name for a settlement, the default name would be the watercourse name e.g. Berowra Creek which is also a duplication of the suburb name of Berowra Creek.

To maintain consistency and support clear, unique and unambiguous addresses for quicker and easier identification of water-based properties, the two recommendations covered in this report will endeavour to reduce name duplication by amending the suburb boundary so that the community can be uniquely identified as Berowra Waters. The recommendation to register Silverwater Reach will also provide a unique name for the Hawkesbury River settlement and support the community’s desire to retain the historical name of Silverwater in their address.  

CONSULTATION

In the preparation of this Report there was consultation with NSW Addressing, the GNB, emergency services including members of the Hornsby Ku-ring-gai Local Emergency Management Committee (HKLEMC), utility and telecommunication providers such as Sydney Water and Telstra, Australian Electoral Commission (AEC) and residents, who were initially notified of the project in May 2019.

The residents submitted two petitions to Council:

1.         Signatures received from 11 out of 29 households in support of the Geographical Names Board Place Name Application for Silverwater Bay (note that the GNB Board approved Silverwater Reach on 16th July 2019).

2.         Signatures and correspondence received from 28 out of 243 affected properties in support of the proposal to extend the suburb boundary of Berowra Waters and “absorb” Berowra Creek, while 2 households objected to the change.

Upon endorsement by Council an application will be made to the GNB board for a proposal to amend the suburb boundary of Berowra Waters. If the proposal is approved by the GNB board they will hold a one month public advertisement period for both the suburb boundary change of Berowra Waters and place name registration of “Silverwater Reach”. If no objections are received by the GNB, then Council can officially change the addresses and will notify all residents, government agencies, emergency services, utilities, Australian Electoral Commission and major banks and insurance companies.

BUDGET

Approximately $8000 will be funded from the current operational budget for the provision of around 300 aluminium, resilient and reflective house signs based on specifications provided by the Rural Fire Service.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

The endorsement of Silverwater Reach to be registered as an official place name with the GNB and Council’s support to extend the suburb boundary of Berowra Waters will enable easier and quicker identification of water access only properties in Hornsby local government area by reducing name duplication and supporting clear, unique and unambiguous addresses that is based on NSW naming and addressing standards, policies and guidelines. It will also demonstrate Council’s support to the community by improving identification of water-based properties particularly in emergency situations and when connecting to services.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the GIS Coordinator – Sandy Lam – who can be contacted on 9847 6031.

 

 

 

 

 

 

Peter Thompson

Manager - Land and Property Services

Corporate Support Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2008/00027

Document Number:     D07687131

 


 

Director's Report No. CS35/19

Corporate Support Division

Date of Meeting: 9/10/2019

 

2        INDEPENDENT PRICING AND REGULATORY TRIBUNAL (IPART) REPORT - REVIEW OF REPORTING AND COMPLIANCE BURDENS ON LOCAL GOVERNMENT   

 

 

EXECUTIVE SUMMARY

·              On 22 April 2015, the NSW Premier commissioned the Independent Pricing and Regulatory Tribunal (IPART) to undertake a whole-of-government review of the regulatory, compliance and reporting burdens on NSW councils.

·              IPART published a Draft Report in January 2016 seeking feedback on 49 draft recommendations; and undertook a Public Hearing to discuss the Report in February 2016.

·              In response to submissions on the Draft Report and feedback at the Public Hearing, IPART presented a Final Report (containing 51 recommendations) to the NSW Government in April 2016.

·              The Minister for Local Government publicly released the Final Report on 21 June 2019 and requested feedback from the local government industry by 25 October 2019.

·              The final recommendations from IPART’s Report have been listed in a table in the Discussion Section of this Report.

·              For those recommendations the Government has indicated are open for consultation, a comment is included from the area of Council that has requisite knowledge about the matter or is most affected. It is proposed that the comments form the basis of a submission to the Office of Local Government (OLG) through their online tool.

·              The recommendations not open for consultation are shaded. It is proposed that a copy of this Report be provided to the OLG so that the comments in respect of those recommendations are brought to the attention of the OLG.

RECOMMENDATION

THAT:

1.       The comments included in Director’s Report No. CS35/19 regarding the recommendations which have emanated from the Independent Pricing and Regulatory Tribunal’s Final Report - Review of reporting and compliance burdens on Local Government, and which the NSW Government has made open for consultation, form the basis of an online submission by Council to the Office of Local Government (OLG).

2.       A copy of Director’s Report No. CS35/19 be provided to the OLG in order that Council’s comments for those recommendations which are not open for consultation are also brought to attention.


PURPOSE

The purpose of this Report is to recommend that Council make a submission to the OLG in respect of recommendations emanating from the April 2016 IPART Final Report titled a “Review of reporting and compliance burdens on Local Government”.

BACKGROUND

Following on from recommendations made by the Independent Local Government Review Panel (ILGRP) about local government reform in 2013/14, the NSW Premier, on 22 April 2015, commissioned IPART to undertake a whole-of-government review of the regulatory, compliance and reporting burdens on NSW councils.

The Government’s Terms of Reference were for IPART to:

·              Identify inefficient or unnecessary planning, reporting and compliance obligations imposed on councils by the NSW Government through legislation, policies or other means.

·              Develop options to improve the efficiency of local government by reducing or streamlining planning, reporting and compliance burdens.

·              Collect evidence to establish the impacts on councils of reporting and compliance burdens, and to substantiate recommendations for reform.

IPART focused its recommendations on the planning, reporting and compliance obligations placed on councils by State Government legislation and policies that were specific to local government. IPART identified the regulatory burdens imposed on local government through a process of consultation with the industry, including submissions to an Issues Paper, council questionnaire and workshops. Consultation also occurred with relevant NSW Government agencies about the burdens that councils had raised with IPART, and feedback was sought from those agencies on proposed solutions.

IPART published a Draft Report in January 2016 seeking feedback on 49 draft recommendations and undertook a Public Hearing in February 2016 with participation from councils, NSW Government agencies and industry groups. (N.B. Council made a submission in respect of IPART’s Draft Report on 19 February 2016.)

In response to submissions it received on the Draft Report and feedback at the Public Hearing, IPART revised its recommendations relating to the regulation of Local Water Utilities (which do not affect metropolitan councils) as well as including new recommendations relating to the following:

·              Review the basis on which fees are set for Development Applications (DA’s).

·              Allow local government access to NSW Government procurement prequalification panels.

·              Address the issue of council liability for copyright material in making information about DA’s available.

·              Provide a mechanism to allow councils to charge for access to DA’s which are currently prescribed as open access under Schedule 1 of the Government Information (Public Access) Regulation. This recognises the burden and significant cost to councils of meeting the Schedule 1 obligations.

·              Provide councils with prior notification of legislative changes affecting planning certificates.

IPART’s Final Report was provided to the NSW Government in April 2016 – see following link - 

https://www.ipart.nsw.gov.au/files/sharedassets/website/shared-files/investigation-section-9-legislative-requirements-local-government-regulatory-burdens/final-report-review-of-reporting-and-compliance-burdens-on-local-government-april-2016.pdf.

The Minister for Local Government publicly released IPART’s Final Report on 21 June 2019 and has requested that feedback on IPART’s recommendations be provided to the OLG by councils and other interested stakeholders by 25 October 2019. The Minister stated that such feedback will be used by the Government to further inform its response to IPART’s Final Report recommendations.

As part of the public release, the Minister indicated that recommendation 3 (dealing with the removal of restrictions on fees for statutory approvals and inspections) and recommendation 6 (dealing with the capping of statutory fees below cost recovery) had already been ruled out by the Government because those recommendations may adversely impact vulnerable members of the community, such as pensioners or charities, or have substantial financial impact upon taxpayers or the broader community.

The Minister also advised that some recommendations concern matters which are the subject of separate consultation and review processes by a range of NSW Government agencies, and others have been dealt with in new legislation e.g.

·              Increasing the tender threshold for councils from $150,000 to $250,000, excepting for those services provided by council employees.

·              Providing sensible exemptions on disclosing fees to prevent councils from being commercially disadvantaged in procurement negotiations.

·              Providing options to utilise pre-qualified professional services to directly procure services from disability employment organisations.

·              Enabling further steps towards supporting cost-sharing and service provision between neighbouring councils by allowing for agreed delegation of regulatory functions and mutual recognition of Section 68 approvals under the Local Government Act, where appropriate.

Those recommendations are also not open for consultation.

DISCUSSION

The 51 recommendations (and four findings) contained in IPART’s Final Report are listed in the table below.

For those recommendations the Government has indicated are open for consultation, a comment is included from the area of Council that has requisite knowledge about the matter or is most affected. It is proposed that the comments form the basis of a submission to the OLG through their online tool.

The recommendations not open for consultation are shaded. It is proposed that a copy of this Report be provided to the OLG in order that Council’s comments for those recommendations are also brought to attention.

RECOMMENDATIONS

COMMENT

Systemic issues

1.   That the Department of Finance, Services and Innovation (DFSI) revise the NSW Guide to Better Regulation to include requirements for State agencies developing regulations involving regulatory or other responsibilities for local government, as part of the regulation-making process, to:

·              Consider whether a regulatory proposal involves responsibilities for local government

·              Clearly identify and delineate State and local government responsibilities

·              Consider the costs and benefits of regulatory options on local government

·              Assess the capacity and capability of local government to administer and implement the proposed responsibilities, including consideration of adequate cost recovery mechanisms for local government

·              Take a coordinated, whole-of-government approach to developing the regulatory proposal

·              Collaborate with local government to inform development of the regulatory proposal

·              If establishing a jointly provided service or function, reach agreement with local government as to the objectives, design, standards and shared funding arrangements, and

·              Develop an implementation and compliance plan.

Supported.

(Note from the OLG: NSW Treasury is currently developing a new regulatory guideline which will provide guidance on undertaking proportional assessments of the costs and benefits of regulations, including the cost impact on State and Local Government, consideration of alternatives, and engagement with all affected stakeholders to inform the development of regulatory policies. NSW Treasury is now the lead agency for the whole-of-government regulatory initiatives.)

2.   That the NSW Government maintain a Register of local government reporting, planning and compliance obligations that should be used by NSW Government agencies in the regulation-making process to manage the volume of regulatory requirements imposed on councils and to avoid creating unnecessary or duplicative requirements.

Supported – but not open for consultation.

3.   That the NSW Government remove restrictions on fees for statutory approvals and inspections to allow for the recovery of efficient costs, subject to monitoring and benchmarking.

Supported – but ruled out by the Government.

4.   Where fees continue to be set by statute, that the relevant NSW Government agency reviews the level of the fees every three to five years and amends the relevant legislation to allow these fees to increase annually in line with CPI or an index of fee-related costs.

Supported – but not open for consultation.

5.   That the NSW Government review the basis upon which the fees for Development Applications (DAs) are calculated to:

·              Better reflect the efficient cost to councils and the NSW Government of processing DAs

·              Minimise disputes and subsequent adjustments, and

·              Facilitate online payment of DA fees.

Supported if fees are realistically calculated – but not open for consultation.

(May be considered as part of the current EP&A Regulation review)

6.   That if statutory fees are capped below cost recovery to ensure affordability or for other policy reasons, then the NSW Government should reimburse councils for the shortfall in efficient costs.

Supported – but ruled out by the Government.

7.   That the Department of Premier and Cabinet amend the Good Practice Guide to Grant Administration, to:

·              Recognise local government as separate from non-government organisations

·              Remove acquittal requirements for untied grants

·              Explicitly address ongoing maintenance and renewal costs when funding new capital projects

·              Require agencies to rely on existing council reporting to assess financial stability and management performance of councils

·              Lengthen acquittal periods for ongoing grant programs to four years, and use Memorandum of Understanding (MOU) arrangements, rather than requiring councils to reapply annually, and

·              Provide for a streamlined acquittal process for grants of less than $20,000 in total, examples of streamlining include:

o     Not requiring further external financial audit

o     Using risk-based controls and requirements, and

o     Confining performance measurement to outcomes consistent with the purpose of the grant.

Supported.

8.   That NSW Government agencies collecting local government data and information make this data discoverable through the Data NSW open data portal or the Information Asset Register maintained by the Department of Finance, Services and Innovation.

Supported.

9.   That the Department of Finance, Services and Innovation:

·              Support NSW Government agencies to use the Open Data Rolling Release Schedule to establish clear timeframes for publishing local government data and information in Data NSW (in machine readable formats)

·              Support councils to make local government data and information available for discovery through Data NSW or the Information Asset Register, and

·              Support the Office of Local Government to develop a central portal for local government reporting and streamlined data collection.

Supported.

10.  That the Department of Planning and Environment, including through the Office of Local Government, review public notice print media requirements in the Local Government Act 1993, the Local Government (General) Regulation 2005, the Environmental Planning and Assessment Act 1979, and the Environmental Planning and Assessment Regulation 2000 and, where the cost to councils of using print media exceeds the benefit to the community, remove print media requirements and allow online advertising, mail-outs and other forms of communication as alternatives.

Supported – but not open for consultation.

(May be considered as part of the current EP&A Regulation review)

Water and Sewerage

11.  That the Department of Primary Industries Water (DPI Water) regulate Local Water Utilities (LWUs) on a catchment or regional basis, rather than on an individual LWU basis, using a whole-of-government, risk-based and outcomes-focused regulatory approach.

N/A to Hornsby Shire – but not open for consultation.

(Future consultation to be undertaken by the Department of Industry)

12.  That DPI Water amend the Best-Practice Management of Water Supply and Sewerage Guidelines to:

·              Streamline the NSW Performance Monitoring System to ensure each performance measure reported is:

o     Linked to a clear regulatory objective

o     Used by either most Local Water Utilities (LWUs) or DPI Water for compliance or meaningful comparative purposes

o     Not in excess of the performance measures required under the National Water Initiative, and

o     Not duplicating information reported to other NSW Government agencies.

·              Align trade waste reporting with other performance reporting, on a financial year basis, subject to consultation with LWUs, LGNSW and the Water Directorate.

Supported – but not open for consultation.

(Future consultation to be undertaken by the Department of Industry)

13.  That the Office of Local Government determine a standardised service report template to be used by technicians undertaking quarterly servicing of aerated wastewater treatment systems, in consultation with NSW Health and councils.

Supported.

To further standardise onsite sewage management system inspections, consideration could be given to the licensing of technicians inspecting these systems, administered by an agency of the NSW Government.

A licensing system based on minimum qualifications or years of experience in servicing the systems would ensure some consistency and a baseline level of technical expertise required by all technicians when inspecting onsite sewage management systems and would greatly reduce the varying level of quality provided by technicians when servicing the systems.

Further, by having service technicians meet minimum requirements in terms of qualifications or experience to service onsite sewage management systems, it is anticipated that this would reduce the administrative burden on councils to ensure the service reports were satisfactory in their inspection results.

Accordingly, further recommendations should be made in relation to the licensing of technicians inspecting onsite sewage management systems   prior to any final determinations being made into the review of reporting and compliance burdens on Local Government.

14.  That the Local Government (General) Regulation 2005 be amended to require service reports to be provided to councils using the template determined by the Office of Local Government as a standard condition of approval to operate an aerated wastewater treatment system.

Supported.

Planning

15.  That the Department of Planning and Environment (DPE): 88

·              Implement a data sharing model with the Australian Bureau of Statistics in relation to building approvals in NSW.

·              Introduce a consolidated data request of councils for the purposes of the Local Development Performance Monitoring (LDPM), Housing Monitor, State Environmental Planning Policy (Affordable Rental Housing) 2009 (Affordable Rental Housing) and State Environmental Planning Policy No 1 – Development Standards (SEPP 1 variations).

·              Fund an upgrade of councils’ software systems to automate the collection of data from councils for the purposes of the LDPM, Housing Monitor, Affordable Rental Housing and SEPP 1 variations.

·              Publish the data collected from councils on Affordable Rental Housing and SEPP 1 variations data.

·              Seek agreement with the Land & Environment Court to obtain appeal data directly from the Court.

·              Remove the administrative requirement for councils to report to DPE on political donations or gifts under section 147 of the Environmental Planning & Assessment Act 1979.

Supported.

16.  That the Environmental Planning and Assessment Act 1979 be amended to enable information or certificates under section 149(2) of the Environmental Planning and Assessment Act 1979 to be provided through the NSW Planning Portal.

Prior to this amendment, as part of the Department of Planning and Environment’s (DPE) review of the Environmental Planning and Assessment Regulation 2000, DPE should:

·              Review section 149(2) and (5) planning certificates to clarify and simplify the information to be provided, and ensure only information relevant in the conveyancing process is provided in a section 149(2) planning certificate, and

·              Consider what section 149(2) information should be provided through the Planning Portal and whether that information should be provided in certificate form, having regard to:

o     Data quality assurance

o     Liability for accuracy of State or council information

o     State and council costs, and mechanisms to recover costs.

Supported – but not open for consultation.

(May be considered as part of the current EP&A Regulation review)

17.  That the Environmental Planning and Assessment Regulation 2000 be amended to specify the information that can be provided by councils in accordance with section 149(2) and (5) of the Environmental Planning & Assessment Act 1979.

Supported – but not open for consultation.

(May be considered as part of the current EP&A Regulation review)

18.  That DPE amend the NSW Planning Portal to provide for online:

·              Payment of fees and charges by applicants and for the Planning Reform Fund fee to then be automatically directed to DPE

·              Information or certificates under section 149(2) of the Environmental Planning & Assessment Act 1979, and

·              Joint applications for development approvals and construction certificates.

Supported.

 

19.  That DPE:

·              Notify councils electronically at least 21 days prior to the commencement of legislative changes that will affect the structure or content of section 149 planning certificates, and

·              Maintain an up-to-date, publicly available list of all legislative instruments with the potential to affect the structure or content of the certificates.

Supported – but not open for consultation.

Councils have a legislative responsibility in identifying applicable planning controls on planning certificates which are required for contracts of sale. Delays or inadequate notice of changes to State legislation increases the risk for councils when issuing certificates.

20.  That DPE manage referrals to NSW Government agencies through a ‘one-stop shop’ in relation to:

·              Planning proposals (LEPs)

·              Development applications (DAs), and

·              Integrated development assessments (IDAs).

Supported.

(Note from OLG: The Department of Planning, Industry and Environment (DPIE) has begun rolling out a digital system that allows councils to lodge all documentation online and send requests for advice directly to agencies. A number of councils are currently using the digital system, with all councils to be trained and rolled into the system progressively through 2019. DPIE has also implemented various other regulatory measures to improve integrated development assessment processes.)

21.  That DPE develop suites of standardised development consent conditions and streamline conditions that require consultant reports or subsequent approvals, in consultation with councils, NSW Government agencies and other key stakeholders.

Supported.

(Note from OLG: The Standard Conditions and Compliance Reporting and Post Approval Requirements documents were published in 2018.)

Administration and governance

22.  That the NSW Government streamline the reporting requirements for the Integrated Planning and Reporting (IP&R) framework in the revised Local Government Act.

Supported.

23.  Ahead of the 2020 IP&R cycle, that the Office of Local Government:

·              Provide councils with a common set of performance indicators to measure performance within the IP&R framework

·              Conduct state-wide community satisfaction surveys and release the results to allow comparisons between councils and benchmarking

·              Provide guidance to councils on the form and content of the End of Term Report and its relationship to local councils’ Annual Reports

·              Clarify for councils the purpose, form and content of the State of the Environment report and clarify its relationship to the End of Term Report

·              Work with the Office of Environment and Heritage, the NSW Environment Protection Authority and other relevant agencies to develop performance indicators for councils to use, and

·              Where relevant, amend the IP&R Guidelines and Manual to incorporate this material.

Supported.

(Note from OLG: The requirement for State of the Environment reporting will be removed from the Local Government Act prior to the next cycle of reporting under the IP&R framework. The IP&R framework recognises that each community is unique, with its own particular needs and priorities. Therefore, a one size fits all approach to measuring IP&R outcomes would not be appropriate. The Government acknowledges the need to support councils in developing suitable methods of reporting that are clearly focused on social, environmental, economic and governance outcomes and avoid unnecessary duplication.)

24.  That the Office of Local Government remove requirements for councils to report more in the General-Purpose Financial Statements than is required by the Australian accounting standards, issued by the Australian Accounting Standards Board, except for requirements which are unique and high value to local government such as Note 21 and Special Schedule 7.

Supported – but not open for consultation.

25.  That clause 163(2) of the Local Government (General) Regulation 2005 be amended to allow the Office of Local Government to determine the councils for which the threshold for formal tendering would be increased to $250,000, with this threshold to be reviewed every five years.

Supported – but not open for consultation.

It is noted that the increase of the threshold to $250,000 has already occurred for all councils.

26.  That section 377(1)(i) of the Local Government Act 1993 be amended to allow the Council to delegate the acceptance of tenders to General Managers.

Supported – but not open for consultation.

It is noted that the amendment to section 377 (1)(i) of the Act has occurred.

For consistency and practicability associated with tenders, the Local Government (General) Regulation should be amended to also allow General Managers to decline to accept a tender. At present, the Regulation requires a resolution of Council to decline to accept a tender.

27.  That section 55(3)(g) of the Local Government Act 1993 be amended to allow local government access to the full range of prequalification panels run by NSW Procurement.

Supported – but not open for consultation.

28.  That the Department of Planning and Environment, through the Office of Local Government, review the requirements in the Local Government Act 1993 for Ministerial approvals and remove those that are not justified on the basis of corruption prevention, probity or protecting the interests of the State.

Supported.

29.  That the Office of Local Government introduce guidelines that specify maximum response times for different categories of Ministerial approvals.

Supported.

30.  That the Department of Planning and Environment, through the Office of Local Government, review all approvals required under section 68 of the Local Government Act 1993 in order to:

·              Determine the activities for which a separate local council approval under section 68 is necessary

·              Revise the regulatory frameworks within NSW legislation to remove duplication

·              Place as many approval requirements as possible in specialist legislation, and

·              Where appropriate, enable mutual recognition of approvals issued by another council.

Supported.

31.  That the Local Government Act 1993 be amended to transfer current requirements relating to the length of time for temporary appointments under section 351(2) to the Local Government (General) Regulation 2005 or the relevant awards.

Supported.

This is consistent with making the Act less prescriptive. Council would prefer a transfer to the Regulation rather than the relevant award.

32.  Extend the maximum periods of temporary employment from 12 months to four years within any continuous period of five years, similar to Rule 10 of the Government Sector Employment Rules 2014.

Partially supported.

Section 351 of the Act currently restricts temporary employment to 12 months (24 months for Parental Leave situations) and applies to the General Manager and all other positions within the organisation structure. Having greater flexibility to appoint on a temporary basis for the majority of council positions is supported.  However, it would not be appropriate to apply the proposal to the General Manager (GM) and other Senior Staff (SS) positions.

GM/SS positions are currently based on up to 5-year contracts, so to apply the 4-year temporary maximum to these positions may create issues. The 12/24 month maximum for GM/SS should be retained and extend the maximum temporary appointment to four years for all other non-senior staff in accordance with the following suggested change in bold font:

30 Extend the maximum periods of temporary employment from 12 months to four years within any continuous period of five years, similar to Rule 10 of the Government Sector Employment Rules 2014, for all non-Senior Staff positions. Temporary employment in a General Manager or Senior Staff positions should remain capped at 12/24 months.

33.  That section 31 of the Public Interest Disclosures Act 1994 be amended to require councils to report on public interest disclosures in their annual reports and remove the requirement for an annual public interest disclosures report to be provided to the Minister for Local Government.

Supported – but not open for consultation.

34.  That clauses 15 and 16, schedule 3 of the Environmental Planning and Assessment Amendment Act 2014 (which adds new sub-sections 158(1A) and (4A) to the EP&A Act) be proclaimed in order to allow councils a licence or a warranty to use copyright material for the purposes of the EP&A Act (including making available development applications and related documents which may be subject to copyright).

Supported – but not open for consultation.

It would be appropriate for a similar provision be included in the GIPA Act in respect of non-planning copyright documents which are required to be made publicly available under that Act and its Regulation.

35.  That the NSW Government:

·              Repeal clause 3, schedule 1 of the Government Information (Public Access) Regulation 2009.

·              Amend the Environmental Planning and Assessment Act 1979 (EP&A Act) to require councils to make available information and documents currently prescribed as open access information in clause 3, schedule 1 of the Government Information (Public Access) Regulation 2009 (DA information) to a person (on request).

·              Amend the EP&A Act to allow councils to charge a person making a request the efficient costs of making DA information available (after the ‘submission period’ under section 79(1) of the EP&A Act has expired).

·              Consistent with recommendation 4, review the efficient costs to councils of making DA information available to a person (on request).

·              Amend the Environmental Planning and Assessment Regulation 2000 to set the fees for accessing DA information (after the submission period has closed) at the efficient cost to councils.

Supported – but not open for consultation.

Difficulties have been encountered for many years in balancing the competing requirements of the EP&A Act and the GIPA Act as they relate to DA documents.

Council’s position since May 2017 has been to publish on its website those documents statutorily required to be lodged with the DA application. This provides the opportunity (as required by the EP&A Act) for interested stakeholders to make a submission in respect of the DA.

Subject to public interest test considerations, submissions from interested parties, internal and external referrals (for heritage, fire, trees, etc) and other associated documents have generally not been made available whilst the deliberative process for the DA is in train.

This has ensured that a thorough assessment of the DA is able to be conducted using relevant technical information and advice, free from any pressure from developers, objectors or other interested parties. This has assisted the efficiency and timeliness of the assessment process.

Once the DA has been determined, all non-confidential documents associated with the DA are made available on request.

(May be considered as part of the current EP&A Regulation review)

36.  That the Office of Local Government assist the Information and Privacy Commission to circulate to councils information related to the Government Information (Public Access) Act 2009.

Supported – but not open for consultation.

Finding

1.   That the principles and processes outlined in ICAC’s Guidelines for managing risk in direct negotiations are best practice standards which can be applied where a lack of competition exists in a Local Government Area.

Noted.

Building and construction

37.  That the Building Professionals Board or the proposed Office of Building Regulation (in consultation with Department of Planning and Environment, Fire & Rescue NSW and local government) design the new online system for submitting annual fire safety statements (AFSS) to allow councils to identify buildings in their area that require an AFSS, and where follow up or enforcement action is required.

Supported.

38.  That the Environmental Planning and Assessment Regulation 2000 be amended to clarify what constitutes a ‘significant fire safety issue’.

Supported – but not open for consultation.

(May be considered as part of the current EP&A Regulation review)

39.  That section 121ZD of the Environmental Planning and Assessment Act 1979 be amended to allow councils to delegate authority to the General Manager to consider a report by the Fire Brigade, make a determination and issue an order, rather than having the report considered at the next council meeting.

Supported.

Findings

2.   The draft recommendations of the Independent Review of the Building Professionals Act 2005 (Lambert Building Review), if supported by the NSW Government, would:

·              Substantially improve the funding and ability of councils to effectively undertake their compliance functions in relation to unauthorised building work and refer certifier complaints to the Building Professionals Board.

·              Introduce more effective disincentives (for example, penalties) for unauthorised building work.

·              Institute a system of electronic lodgement of certificates and documentation from private certifiers to councils in a standardised form. This should reduce current record management burdens on councils, which would allow the information to be used to inform building regulation policy development and better targeting of council and state resources in building regulation.

·              Reduce the frequency of accreditation renewals from annually to every three to five years.

·              Create a new category of regional certifier to reduce the accreditation burden on councils and increase the number of certifiers in the regions.

Noted.

Council has previously made submissions that proponents should not be able to choose their own private certifier.

3.   That under the Local Government Act 1993 councils can set their fees for certification services to allow for full cost recovery. These fees can include travel costs.

Noted.

4.   That the online Building Manual, proposed in the e-building initiative draft recommendation of the Lambert Building Review, would remove the current burden on councils of collecting and maintaining records of annual fire safety statements.

Noted.

Public land and infrastructure

40.  That the NSW Government transfer Crown reserves with local interests to councils:

·              As recommended by the NSW Crown Lands Management Review and piloted through the Local Land Program Pilot, and

·              Where the transfer is agreed by the council, including where this agreement is conditional on change of land classification.

Supported in principle, subject to Council being able to retain any recurrent income from activity on the land.

Not open for consultation.

(Note from OLG: This has been addressed by the introduction of the Crown Lands Management Act 2016 and the Land Negotiation Program.)

41.  Consistent with its response to the Crown Lands Legislation White Paper, that the NSW Government ensure that Crown reserves managed by councils are subject to Local Government Act 1993 requirements in relation to:

·              Ministerial approval of licences and leases, and

·              Reporting.

Supported – but not open for consultation.

42.  That the NSW Government streamline the statutory process for closing Crown roads, including the arrangements for advertising road closure applications.

Supported – but not open for consultation.

Where a Crown road is closed and sold to an adjacent property owner, and the size of the allotment does not meet the minimum allotment size under the relevant council planning controls, it should be required as a condition of sale that the allotments be consolidated.

43.  That the NSW Government reduce the backlog of Crown road closure applications to eliminate the current waiting period for applications to be processed.

Supported – but not open for consultation.

44.  That the NSW Government streamline the provisions of the Local Government Act 1993 relating to plans of management for community land to enable councils to align public notice and consultation with councils’ community engagement for Integrated Planning and Reporting purposes.

Supported.

45.  That Roads and Maritime Services provide greater support for councils to develop the competency to conduct route access assessments and process heavy vehicle applications. This support should be focused on developing the competency and skills within councils to perform these regulatory functions.

Supported – but not open for consultation.

46.  That the Impounding Act 1993 be amended to treat caravans and trailers (including advertising trailers) in the same way as boat trailers when considering whether they are unattended for the purposes of the Act.

Supported – but not open for consultation.

Animal control

47.  That the Office of Local Government’s redesign and modernisation of the central Register of Companion Animals includes the following functionality:

·              Online registration, accessible via mobile devices anywhere

·              A one-step registration process, undertaken at the time of microchipping and identifying an animal

·              The ability for owners to update change of ownership, change of address and other personal details online

·              Unique identification information in relation to the pet owner (i.e., owner’s date of birth, driver licence number or Medicare number)

·              The ability to search by owner details

·              The ability for data to be analysed by Local Government Area (not just by regions)

·              The ability for data to be directly uploaded from pound systems, and

·              Centralised collection of registration fees so funding can be directly allocated to councils.

Supported – but not open for consultation.

48.  That the Companion Animals Act 1998 and Companion Animals Regulation 2008 be amended to require unique identification information in relation to the pet owner (i.e., owner’s date of birth, drivers licence number or Medicare number), to be entered in the register at the time of entering animal identification information and when there is a change of ownership.

Supported – but not open for consultation.

Community order

49.  That the NSW Government, in consultation with councils, review how councils are currently applying Alcohol Free Zone (AFZ) and Alcohol Prohibited Area (APA) provisions in response to alcohol related anti-social behaviour and clarify the rationale and processes for declaring AFZs and APAs in the Local Government Act 1993 and Ministerial Guidelines on Alcohol-Free Zones.

Supported.

50.  That the NSW Government provide an efficient process for consultation and decision making on temporary and events-based alcohol restrictions.

Supported.

51.  That the Graffiti Control Act 2008 be amended to:

·              Allow councils to prosecute individuals and organisations that commission or produce bill posters that are visible from a public place within their local government area, and

·              Provide councils with compliance and enforcement powers to support their enforcement role under the Act, similar to those provided under Chapter 7 of the Protection of the Environment Operations Act 1997.

Supported – but not open for consultation.

(Note from OLG: The Department of Justice is currently reviewing the Graffiti Control Act 2008. The review will consider all aspects of the Act, including the issues raised by the IPART recommendations)

 

CONSULTATION

IPART consulted extensively with the local government industry and NSW Government agencies in 2015 and 2016 to prepare its Final Report. More than three years then elapsed before the Government released the Final Report for public comment. This delay has had an impact on the currency of IPART’s recommendations; what feedback on the recommendations will now be useful for the Government; and what the eventual response by the Government to IPART’s recommendations will be.

BUDGET

There are no budgetary implications associated with Council’s consideration of this Report.

POLICY

There are no policy implications associated with the preparation of this Report.

CONCLUSION

Although the NSW Government has taken more than three years to release IPART’s Final Report for public comment, there is still value in making a submission about the recommendations made by IPART. It is proposed that the IPART recommendations which are open for consultation, together with the associated comments from relevant staff across the organisation about those recommendations, form the basis of a submission using the OLG’s online tool. It is also proposed that a copy of Director’s Report No. CS35/19 be provided to the OLG in order that Council’s comments for those recommendations not open for consultation are brought to attention.

RESPONSIBLE OFFICER

The officer responsible for the coordination of this Report is the Executive and Special Projects Coordinator – Mr Gary Bensley – who can be contacted on 9847-6605.

 

 

 

 

 

 

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2008/00382

Document Number:     D07760598

 


 

Director's Report No. CS33/19

Corporate Support Division

Date of Meeting: 9/10/2019

 

3        PECUNIARY INTEREST AND OTHER MATTERS RETURNS - DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS   

 

 

EXECUTIVE SUMMARY

·              Section 440AAB (1) of the Local Government Act (the Act) advises of the requirement for lodgement of Written Returns of Interest in accordance with a council’s Code of Conduct.

·              Clauses 4.18 - 4.24 of Council’s Code of Conduct for Staff provides details in respect of the lodgement of these Returns by Designated Persons.

·              Clauses 4.9 - 4.15 of Council’s Code of Conduct for Councillors provides details in respect of the lodgement of these Returns by Councillors.

·              Section 440AAB (2) of the Act requires that Returns lodged under Section 440AAB (1) are to be tabled at the next available Council meeting.

·              In line with Section 440AAB (2) of the Act and the relevant Clauses of Council’s Code of Conduct for Staff and Code of Conduct for Councillors this Report seeks to table the Return/s recently lodged with the General Manager.

 

RECOMMENDATION

THAT Council note the Written Returns of Interest recently lodged with the General Manager have been tabled as required by the Local Government Act.

 


PURPOSE

The purpose of this Report is to table the Written Returns of Interests submitted by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council and to table the Disclosure of Pecuniary Interests and Other Matters Returns of all Councillors and Designated Persons which were required to be lodged for the period ending June 2019.

BACKGROUND

Section 440AAB (1) of the Act advises of the requirement for lodgement of Written Returns of Interest under a Code of Conduct. Relevantly, Clauses 4.18 - 4.24 of Council’s Code of Conduct for Staff and Clauses 4.9 – 4.15 of Council’s Code of Conduct for Councillors outline these requirements.  (The requirements are the same for Designated Staff as they are for Councillors however, as Council has a separate Code of Conduct for Staff and Code of Conduct for Councillors, the relevant Clause references vary.  For ease of interpretation in this Report, reference has been made to Designated Persons and specific clauses in only the Code of Conduct for Staff, noting that the same requirements apply to the corresponding Clauses in the Code of Conduct for Councillors.)

Clause 4.18 a) of Council’s Code of Conduct for Staff requires a Designated Person to complete and lodge with the General Manager a Written Return of Interest within three months after becoming a Designated Person. Clause 4.18 b) requires a Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date.

Section 440AAB (2) of the Act requires that Returns lodged under Section 440AAB (1) are to be tabled at a meeting of Council. Clause 4.22 of the Code requires that Returns lodged under Clause 4.18 a) and 4.18 b) of the Code are to be tabled at the first meeting held after the last day for lodgement under those Clauses. Clause 4.23 of the Code requires that Returns lodged under Clause 4.18 c) are to be tabled at the first meeting after their lodgement.

Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc of Councillors or Designated Persons. These procedures:

·              Require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year. These Returns are tabled at Council’s October or November General Meeting for that year.

·              Require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment. These Returns are tabled at the next available General Meeting of Council.

·              Require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council. These Returns are tabled at the next available General Meeting of Council.

DISCUSSION

Returns Lodged in Accordance with Council’s Code of Conduct for Staff, Code of Conduct for Councillors, and Procedures

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns under Sections 440AAB (1) of the Local Government Act and Clauses 4.18 - 4.24 of Council’s Code of Conduct for Staff and Clauses 4.9 - 4.15 of Council’s Code of Conduct for Councillors at the General Meeting held on 24 July 2019 (see Deputy General Manager’s Report No. CS22/19). In preparation for the tabling of this Report, action has been taken over an extended period to remind all Councillors and Designated Persons of the need to complete their Returns for the period ending 30 June 2019. At the time of writing this Report, two Returns remained outstanding due to staff being on extended leave. The Governance and Customer Service Branch will continue to follow up in respect of the outstanding Returns and provide Late Items advice if the Returns are lodged prior to the 9 October 2019 General Meeting.

Apart from the two outstanding Returns mentioned above, all Pecuniary Interest and Other Matters Returns lodged with the General Manager are now tabled as required by the Local Government Act.

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONCLUSION

Council’s consideration of this Report satisfies the requirements of the Act regarding the lodgement of Written Returns of Interest in accordance with its Codes of Conduct.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Governance and Customer Service – Robyn Abicair, who can be contacted on 9847 6608.

 

 

 

 

 

Robyn Abicair

Manager - Governance and Customer Service

Corporate Support Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

There are no attachments for this report.

 

File Reference:           F2018/00223

Document Number:     D07754199

 


 

Director's Report No. CS34/19

Corporate Support Division

Date of Meeting: 9/10/2019

 

4        INVESTMENTS AND BORROWINGS FOR 2019/20 - STATUS FOR PERIOD ENDING 31 AUGUST 2019   

 

 

EXCUTIVE SUMMARY

·              This Report provides details of Council’s investment performance for the period ending 31 August 2019 as well as the extent of its borrowings at the end of the same period.

·              Council invests funds that are not, for the time being, required for any other purpose. The investments must be in accordance with relevant legislative requirements and Council’s policies and the Chief Financial Officer must report monthly to Council on the details of funds invested.

·              All of Council’s investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

·              In respect of Council’s cash and term deposit investments, the portfolio achieved an annualised return for August 2019 of 2.09% which includes a gain of $46,540 from TCorp Managed Funds.

 

RECOMMENDATION

THAT the contents of Director’s Report No. CS34/19 be received and noted.

 


 

PURPOSE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; to provide details as required by Clause 212(1) of the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy; and to advise on the extent of Council’s current borrowings.

BACKGROUND

Legislation requires that a report be submitted for Council’s consideration each month detailing Council's investments and borrowings and highlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

DISCUSSION

Council invests funds which are not, for the time being, required for any other purpose. Such investment must be in accordance with relevant legislative requirements and Council Policies, and the Chief Financial Officer must report monthly to Council on the details of the funds invested.

Council’s investment performance for the month ending 31 August 2019 is detailed in the attached document. In summary, the portfolio achieved an annualised return for August 2019 of 2.09%.

In respect of Council borrowings, the weighted average interest rate payable on outstanding loans taken out from June 2010 to date, based on the principal balances outstanding is 6.56%. The Borrowings Schedule as at 31 August 2019 is also attached for Council’s information.

BUDGET

Budgeted investment income for 2019/20 is $7,802,000 with an average budgeted monthly income of $650,167. Investment income for the month ended 31 August 2019 was $599,913 which includes a gain of $46,540 from TCorp Managed Funds and interest income of $553,373.

Budgeted investment income year to date at 31 August 2019 is $1,300,334. Total investment income year to date at 31 August 2019 is $1,645,241, which includes a one-off receipt of $319,902 in relation to a class action against Standard and Poor’s for compensation of losses incurred on structured investment products during the global financial crisis.

Approximately 28% of the investment income received by Council relates to externally restricted funds (e.g. Section 7.11 and Section 7.12 development contribution funds) and is required to be allocated to those funds. All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation and Council's Investment of Surplus Funds Policy and Investment Strategy.

CONCLUSION

The investment of Council funds and the extent of its borrowings as at 31 August 2019 are detailed in the documents attached to this Report. Council’s consideration of the Report and its attachments ensures that the relevant legislative requirements and Council protocols have been met in respect of those investments and borrowings.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Acting Chief Financial Officer – Duncan Chell - who can be contacted on 9847 6822.

 

 

 

 

 

 

 

Duncan Chell

Acting Chief Financial Officer

Corporate Support Division

 

 

 

 

Glen Magus

Director - Corporate Support

Corporate Support Division

 

 

 

 

Attachments:

1.

Investment Summary Report August 2019

 

 

2.

Schedule of Borrowings August 2019

 

 

 

 

File Reference:           F2004/06987-02

Document Number:     D07754614

      


 

Mayor's Note No. MN9/19

Date of Meeting: 9/10/2019

 

5        MAYORS NOTES FROM 01 SEPTEMBER TO 30 SEPTEMBER 2019   

 

 

Note:  These are the functions that the Mayor, or his representative, has attended in addition to the normal Council Meetings, Workshops, Mayoral Interviews and other Council Committee Meetings.

Tuesday 3rd September 2019 – The Mayor attended the ‘Meet the Author’ Session – Jack Charles at Hornsby Library, Hornsby.

Tuesday 3rd September 2019 – The Mayor attended the Dementia Awareness Information Presentation with Professor Susan Kurrie at Hornsby RSL in Hornsby.

Wednesday 4th September 2019 – The Mayor hosted two Citizenship Ceremonies in the Council Chambers at Hornsby Shire Council.

Sunday 8th September 2019 – The Mayor attended the Thomas Best Bicentennial – 200 Years of Settlement in Middle Dural held in Middle Dural.

Friday 13th September 2019 – On behalf of the Mayor, Councillor Hutchence attended a ‘Meet n Greet’ with HRH Prince Edward in relation to Real Tennis and the Cheltenham Recreation Tennis Club. The meeting was held at Government House in Sydney.

Friday 13th September 2019 – The Mayor attended ‘Celebrating 100 Years of the Hornsby Chamber of Commerce’ held at Asquith Golf Club in Asquith.

Saturday 14th September 2019 On behalf of the Mayor, Councillor Browne attended the Book Launch of the A-Z of Thornleigh (Including Westleigh) hosted by Hornsby Shire Historical Society Inc at Kenly Park in Normanhurst.

Saturday 14th September 2019 – On behalf of the Mayor, Councillor Tilbury attended the Berowra Netball Club Presentation Ceremony held at Club Berowra in Berowra.

Sunday 15th September 2019 – The Mayor attended a NSW Rural Fire Service Medal Ceremony held at Neringah Hospital in Wahroonga.

Tuesday 17th September 2019 – The Mayor hosted two Citizenship Ceremonies held on Citizenship Day in the Council Chambers of Hornsby Shire Council.

Thursday 19th September 2019 – On behalf of the Mayor, Councillor Hutchence attended the New South Wales Rural Fire Service Awards held at Hornsby Kuring Gai Fire Control Centre in Cowan.

Saturday 21st September 2019 – The Mayor attended the Norwood Community Preschool 60th Anniversary Open Day held at Norwood Community Preschool in Asquith.

Saturday 21st September 2019 – The Mayor attended ‘Screen on the Green showing of Mary Poppins’ held in Hornsby Park, Hornsby.

Sunday 22nd September 2019 – The Mayor attended a ‘Tour of Belmont’, a fundraiser at the House of Max and Lorraine Lowery on Peats Ferry Road in Hornsby.

Sunday 22nd September 2019 – The Mayor attended Lisgar Live Jazz Concert held in Hornsby Park in Hornsby.

Wednesday 25th September 2019 – The Mayor attended the Oakhill College Year 12 Graduation Mass held at Oakhill College in Castle Hill.

Thursday 26th September 2019 – The Mayor attended the Asquith Girls High School Year 12 Graduation Ceremony held at Asquith Girls High School in Asquith.

Saturday 28th September 2019 – The Mayor attended the LINc Services Church Services Network, Hornsby Region Service and Annual General Meeting held at Thornleigh Baptist Church in Thornleigh.

Monday 30th September 2019 – On behalf of the Mayor, Deputy Mayor, Councillor del Gallego and Councillor Hutchence attended the Official Opening of the Australian Fire Cadet Championships held at Vision Valley in Arcadia.

 

 

 

 

 

File Reference:           F2004/07053

Document Number:     D07762724

  


 

Notice of Motion No. NOM14/19

Date of Meeting: 9/10/2019

 

6        YOUTH ADVISORY COUNCILS

 

 

COUNCILLOR Nicita To Move

THAT:

1.         Council note the recent success of the Youth Future Forum undertaken as part of the Local Strategic Planning Statement development and the stated desire of many participants to have further opportunities to engage with Council.

2.         Information be prepared for discussion at a future Informal Councillor Workshop on the viability of establishing a Youth Advisory Council or Committee; taking into consideration resource implications, opportunities for recruitment from our local schools and the existing work of Councils such as Monash, Melton and Maribyrnong in this space.

3.         Council explore further opportunities for Youth Forums outside the context of the current Local Strategic Planning Statement process.

 

Note from Councillor

At the recent Youth Future Forum undertaken by Hornsby Council as part of the Local Strategic Planning Statement process, I was impressed by the high level of interest we received from the young people of our Shire; not just in the LSPS, but in wider Council business. Many of these school students personally expressed to me a desire for further opportunities to engage in an active and meaningful way with Council and Councillors going forward.

Creating a space through which our young people can provide input and consultation on Council strategies and processes, as well as voice issues of importance to their generation would be a tremendous step forward for a Council that currently places a great deal of emphasis on listening to the community. A youth-based council or committee can further offer opportunity for our young people to develop a range of media and leadership skills that look great on a resume, while working within (and for) their own local community.

I note that a number of other Australian Councils, especially in Victoria, have set up youth committees, councils or reference groups with these goals in mind, and so bring forward this Notice of Motion to explore whether such a group could be established in the Hornsby Shire.

 

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File Reference:           F2004/06184

Document Number:     D07763420