EXTRAORDINARY COUNCIL MEETING AGENDA Council Chambers Canada Bay Civic Centre 1a Marlborough Street Drummoyne Tuesday, 30 March 2010 Commencing at 6.00 pm Manager Director Corporate General Manager Mayor Director Planning Director Director Technical Governance & Services Cr Angelo & Environment Community Services & Support Services Bruce Cook Tony Services Operations Gary Sawyer Tsirekas Bob Pigott McNamara Lisa Miscamble John Osland CITY OF CANADA BAY COUNCILLORS Cr Mirjana Cr Michael Cestar Megna Cr Tony Cr Helen Fasanella McCaffrey Cr Pauline Cr Jeanette Tyrrell O'Hara Cr Marian Cr Neil O'Connell Kenzler Dear Councillor, An Extraordinary meeting of Council will be held in the Council Chambers, Canada Bay Civic Centre, Drummoyne, on Tuesday, 30 March 2010 at 6.00pm. AGENDA 1. Apologies 2. Disclosures of Pecuniary and Non-Pecuniary Interest 3. Reports Gary Sawyer General Manager 26 March 2010 INDEX Extraordinary Council Meeting 30 March 2010 ITEM-1 IMPACT OF NSW GOVERNMENT'S METROPOLITAN 1 TRANSPORT PLAN ON THE CITY OF CANADA BAY ITEM-2 ST AMBROSE CHURCH AND SCHOOL, CONCORD WEST - 3 APPLICATION UNDER NATION BUILDING PROGRAM ITEM-3 INTEGRATED PLANNING AND REPORTING MARCH 2010 5 Please Note: The use of private tape recorders or other electronic devices, including mobile phones, is not permitted. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 1 ITEM-1 IMPACT OF NSW GOVERNMENTS METROPOLITAN TRANSPORT PLAN ON THE CITY OF CANADA BAY Department Executive Author Initials: GS REPORT In February Premier Keneally released the Metropolitan Transport Plan for Sydney, a document that details the long term strategy that the State Government proposes to implement. The Metropolitan Transport Plan fails to deliver any improved public transport services or improved traffic management infrastructure to our City. The City of Canada Bay through the Metropolitan Planning Strategy, being implemented by the Department of Planning is required to provide 10,000 new dwellings and 6,000 new jobs. The population of the City of Canada Bay is expected to grow significantly in the next 25 years with forecasts predicting an expected growth of 29%, which equates to an increased population of approx 20,000 people. The Metropolitan Planning Strategy acknowledges that this growth in population, must be catered for with public transport infrastructure, thereby attempting to minimise traffic growth given the limited road capacity that is available in our area. Transport and access is vital for the future social and economic growth of our city. It is imperative that housing and employment growth is accompanied by the provision of infrastructure facilities and transport nodes and services. The Metropolitan Transport Plan is a major setback in catering for the future growth of our city as it fails to deliver any critical transport services or infrastructure. Of particular relevance to the City of Canada Bay are; • The abandonment of the Sydney Metro that included stations at Five Dock, Burwood and Strathfield and, providing direct connection to the City. • The lack of any initiative for road development at the eastern end of the M4 • The reduction in bus services to the local community through the new Region 6 bus service review • No increase in ferry services (6 old ferries will simply be replaced over 10 years) City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 2 • The removal of the M4 toll which has increased traffic congestion in our local streets • No light rail extension into the City of Canada Bay • No commuter parking at local railway stations • No plan to provide access to local railway stations at Concord West and North Strathfield • Funding for cycleways was announced however there is no indication as to where the funds would be spent or information on how council's may apply for funding available. FINANCIAL IMPACT The City of Canada Bay has over many years been a strong advocate for improvements to public transport for the area, and also for the broader Inner West region and the failure of the Metropolitan Transport Plan to deliver any significant improvements to public transport is major setback to, council being able to cater for our growing population. RECOMMENDATION THAT the report be received and noted. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 3 ITEM-2 ST AMBROSE CHURCH AND SCHOOL, CONCORD WEST - APPLICATION UNDER NATION BUILDING PROGRAM Department Executive Author Initials: GS REPORT Background In February 2009, the Federal Government announced an economic stimulus package which, in part, allocates funding for infrastructure projects for educational facilities, particularly public and private schools. Also in February 2009, the State Government passed the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009 which establishes the position of a NSW Infrastructure Co-ordinator General supported by an advisory Taskforce to oversee the delivery of NSW based projects funded under the Federal Government's economic stimulus package. This legislation exempts Nation Building Projects from Part 4 of the Environmental Planning and Assessment Act 1979. This means that a Development Application is not required for the works and Council is not the consent authority for such works. This role is undertaken by Infrastructure Co-ordinator General. In November 2009, St Ambrose Catholic School in Queen Street, Concord West lodged an application with the Nation Building Taskforce to demolish the existing 1923/4 church/school building at 227 Queen Street, Concord West (a heritage item in the Canada Bay LEP 2008) and to construct alterations and additions to the 1970s wing of the school building at 88 Consett Street, Concord West. Advice provided to the Taskforce By Council Staff The NSW Infrastructure Co-ordinator General and the Taskforce have adopted key principles for exercising their approval powers under the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009, one of which is to require consultation with local Council Officers and relevant agencies for all infrastructure projects and that written evidence of this consultation must be presented to the Taskforce with the application. These principles are contained in the Planning Approvals Guide issued by the Taskforce to assist schools making applications under this legislation. In accordance with the above requirements and the abovementioned Guidelines, the school consulted Council in November 2009 prior to the lodgement of the application with the Taskforce. A set of architectural plans with a covering letter City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 4 were forwarded to Council. No Statement of Heritage Impact was provided with the information provided. The proposal was reviewed by Council's senior planning staff and Council's Heritage Advisor as the proposed works involved demolition of a heritage item. In summary, the Taskforce and the school and its representatives were advised that the demolition of the 1923/4 Church/School building would be unlikely to be supported on the basis of the documentation provided. A Statement of Heritage Impact would need to be submitted that clearly established that the 1923/4 Church/School could not continue to be used or could not be reasonably adapted for re-use as part of the school's activities. An on site meeting was held with the school and its representatives and Council's Heritage Advisor and senior planning staff on 8 January 2010 to provide further clarification of Council's comments as stated above and to provide any required assistance in the formulation of a Heritage Impact Statement which it is understood the Taskforce had asked the school to prepare and submit. A Statement of Heritage Impact was finalised and submitted to the Taskforce and a copy of this was forwarded to Council for further comment. Council advised the Taskforce that it did not consider the Statement provided sufficient justification for the demolition of the building but that if the Taskforce considered it appropriate to allow the demolition of the heritage item, that a condition be imposed on their approval requiring an archival recording of the item to be carried out prior to demolition works commencing. Ultimately the decision for demolition of the school building and approval of the application rests with the State Government's Taskforce. Council has merely followed due process in accordance with the Taskforce Guidelines. RECOMMENDATION 1. THAT Council note the contents of this report. 2. THAT Council advise St Ambrose School that the decision to permit the demolition of the existing heritage item lies with the NSW Infrastructure Co-ordinator General and the Nation Building Taskforce and not Council as the proposed works are exempt from the development consent provisions of the Environmental Planning and Assessment Act 1979 under the Nation Building and Jobs Plan (State Infrastructure Delivery) Act 2009. 3. THAT Council reiterate its advice to the Taskforce that should the demolition of the heritage item proceed that an archival recording be prepared prior to demolition. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 5 ITEM-3 INTEGRATED PLANNING AND REPORTING MARCH 2010 Department Executive Services Author Initials: GLI EXECUTIVE SUMMARY This report presents drafts of the following documents for Council’s consideration: • Draft revised FuturesPlan20; • Draft 2010-13 Delivery Plan, incorporating the draft 2010-11 Budget and Operating Plan and a proposal for a special rate variation application; • Draft 2010-11 Schedule of Fees and Charges; • Draft Long Term Financial Plan; and • Draft Asset Management Plan. The report recommends public exhibition of the draft documents from 1 April to 7 May. REPORT Background The Local Government Amendment (Planning and Reporting) Act 2009 implemented an integrated planning and reporting framework in which Council must now operate. As a Council which has nominated to complete transition to adherence with this framework by 30 June 2010, Council has undertaken the development and or revision of the following documents in accordance with these (and other relevant) legislative requirements: • Draft revised FuturesPlan20; • Draft 2010-13 Delivery Plan, incorporating the draft 2010-11 Budget and Operating Plan and a proposal for a special rate variation application; • Draft 2010-11 Fees and Charges; • Draft Long Term Financial Plan; and • Draft Asset Management Plan. Draft revised FuturesPlan20 FuturesPlan20 (FP20) is a community strategic plan developed through consultation and discussion with community members, stakeholders and industry experts interested in having a say about the City's future. Adopted in 2008, FP20 City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 6 was designed to ensure our City and its people can respond in a positive and constructive way to the challenges ahead. As part of the new integrated planning and reporting framework, Council has undertaken a review of FP20, to confirm that it is compliant with legislative requirements, and that it is still reflective of the vision which our residents and stakeholders have for the City. This review was informed by a number of factors: • The input of the newly formed FP20 Community Panel, whose membership was asked to provide feedback on outcomes and directions provided for each of the seven themes of the document, and to confirm that they were still valid; • A review of relevant NSW Government strategic documents including the recently revised NSW State Plan (as originally released in 2009); • The input of Council’s professional staff; and • The formal requirements of the new legislation. The role of the FP20 Panel has been particularly beneficial in providing valuable comments not only for FP20, but also for the draft Delivery Plan, draft Operating Plan and in relation to budget priorities and funding options. Since the Panel was established in February, over 150 individuals joined and participated in an ensuing consultation. As part of the consultation undertaken, panel members provided Council with over 200 individual survey responses containing more than 760 unique comments on our draft plans. These responses are outlined in a consultation report which will be circulated to Councillors under separate cover. Based on the outcomes of the review undertaken, FP20 has been updated and will now be placed on public exhibition. Changes made to the draft revision Plan are as follows: • Incorporation of details of the integrated planning and reporting framework in which Council now operates; • Incorporation of the City of Canada Bay’s vision statement and mission, and the explicit identification of the principles which underpinned the original development of FP20; • Development and incorporation of an assessment hierarchy to suit the three tiers of the integrated planning framework (FP20, Delivery Plan and Operating Plan); • Addition of details of the consultation which has informed this review; and • Correction of a number of minor typographical and/or formatting misnomers. In particular it should be noted that the assessment hierarchy developed for Council’s planning framework is based on the “What I will see…” and “What that will mean…” statements and an adaptation of 20 year targets originally contained in FP20. These targets have now been broken down into a four year increment and incorporated into the draft 2010-13 Delivery Plan. This means that the targets no longer appear in FP20, but this does not mean that Council nor the City’s City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 7 commitment to achieving them has been altered. Instead, progress towards the endpoint of the targets was viewed to be an ideal means of assessing the cumulative impact of the strategies, programs and projects contained in the draft Delivery Plan. No substantive changes were deemed necessary to the themes, outcomes and directions of FP20. Draft 2010-13 Delivery Plan and Draft 2010-11 Budget and Operating Plan The draft 2010-13 Delivery Plan is a revision and significant expansion on Council’s 2009-13 Delivery Plan as adopted last year. Again, this review was necessary as a result of the new legislative requirements for the integrated planning and reporting framework. The draft Plan establishes every single strategy, program and project that Council will undertake over the next three years to contribute to the achievement of FP20. Importantly, the Plan incorporates the full range of Council activities and has been drafted with careful consideration of the levels of service the community has indicated an expectation for, and of the capacity for Council to resource the strategies, programs and projects incorporated in the Plan. The Delivery Plan is designed to be Council’s key strategic document guiding every Council program, action and decision for the next three years. While in future each delivery plan will have a lifespan of four years, the draft 2010-13 Delivery Plan will be in place for three years as part of the transition of all councils in NSW to the new timelines involved in the integrated planning and reporting framework. Embedded within the draft 2010-2013 Delivery Plan is the 2010-2011 Budget and Operating Plan, which provides detail as to the actions to be completed by Council on specific projects into the coming year, and the income and expenditure Council projects to generate and utilise. This integrated structure is critical in ensuring that every Council activity is aligned with achieving the Delivery Plan, and in turn, FP20. Like the revised FP20, the draft Delivery and Operating Plans were closely informed by the input of the FP20 Community Panel. A great number of the comments provided by the panel related to these Plans and in some cases, Council officers have made amendments and clarifications to the draft plans based on the feedback provided (see consultation report for highlights). However, substantive changes have not been considered until such point as the broader community has an opportunity to provide their input on the draft plans via public exhibition. The draft Budget is a balanced budget (excluding depreciation) which incorporates income and expenditure/allowances of approximately $62.1 million. As drafted, it includes a proposal for a 6.9% special rate variation in addition to the 2.6% rate peg announced by the NSW Government to fund asset renewal which is subject to community consultation, endorsement by Council and City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 8 approval by the NSW Government. The budget has been calculated based on the following information and assumptions: • Rate pegging has been set by the NSW Government at 2.6%; • Wages and salaries are expected to rise by 4%; • Fees and charges have been guided by an approximate increase of 3.5%; • Water rates will rise by 7.3%; and • Street lighting costs and electricity in general will rise by 7.3%. The budget has also been calculated to account for many NSW Government charges and costs including compulsory contribution to NSW Fire Brigade and State Emergency Service of approximately $1.3 million; costs from transfer of responsibilities for roads under recent RTA road reclassification reviews; and cost of the compulsory waste levy. The budget includes a $9.2 million capital works program which incorporates improvements to sports fields, community facilities, drainage, foreshores, roads and other community assets and infrastructure. The budget also incorporates expenditure of approximately $11.3 million on waste management, recycling, litter reduction, street sweeping and environmental education as part of Council’s ongoing commitment to improving the environment. Approximately $720,000 has been allocated to programs funded under the Sustainable City Levy. These programs will focus on economic development, the development of cultural programs and programs aimed at developing greater social cohesion across the City. As part of the draft Budget, Council has proposed to make application to the NSW Government for a special rate variation. This application is in accordance with the resolution of Council in December 2009 to take the necessary administrative and consultative steps to seek support for a special rate variation to maintain our infrastructure and assets at current levels. As such the variation is sought to address our City's infrastructure renewal gap as identified in our Asset Management Plan. If approved, this variation will allow Council to fund an annual renewal program of $1.91 million that would otherwise be deferred or require cuts to other programs and services to undertake. Whilst Council allocates funds within its budget to maintain assets, there are insufficient funds available each year to allow the assets which have been assessed at a lower standard to be renewed. As a result, many of Council's assets are reaching a point where major renewal works are required. As outlined in the draft Asset Management Plan, Council estimates the cost to bring all its infrastructure assets up to a satisfactory condition to be $47 million over the next 20 years. The proposed special rate variation is aimed at making substantive inroads into that backlog as the annual rate pegging increases allowed by the NSW Government do not provide sufficient revenue for Council to address this deficiency. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 9 Given the significance of this proposal, consideration was given to the issues around Council's financial sustainability and possible rate adjustments as part of the operation of the FP20 Community Panel. At a specially convened workshop, designed and facilitated by the St James Ethics Centre, panel members explored issues around the gap between our current revenue and the significant amount needed to fund the maintenance of the City's community infrastructure. The Centre prepared a consultation report on this workshop and concluded that: "The panel has engaged enthusiastically with the process and it values this opportunity to engage with Council. They have provided some clear messages and also recognised the complexity of the decision making process that Council has to undertake. A special rate levy along with other funding options is supported." While recognising that the panel is a small numerical sample of ratepayers, it is reasonable to consider that this finding warrants progression of the proposal to public exhibition for broad community comment and feedback. Final consideration of the proposal for the variation will be undertaken by Councillors at the conclusion of the public exhibition, at which point Councillors will be required to determine whether to proceed with the application based on the criteria adopted by Council in February 2010: • In assessing community feedback, Councillors will seek to take into account a balanced representation of community views (giving consideration to the demographics of the City and the perspectives of a range of ratepayer categories), and as such, may weight some views more heavily than others depending on the range and number of views expressed. • A decision on to whether to proceed with the proposed special rate variation application will be informed equally by the outcomes of community engagement, the professional recommendations of Council officers and the experience and knowledge of Councillors. • In considering whether to proceed with the proposal, Councillors will seek to find a balance between the short, medium and long-term best interests of the City. The report of the Centre will be circulated to Councillors under separate cover and both this report and the broader consultation report referenced earlier will be distributed to panel members and made publicly available during the exhibition. Subject to community input and any subsequent Council endorsement, the special rate variation will be determined by ministerial approval. Detailed information on the proposal has been prepared to support the public exhibition outlined below. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 10 Draft 2010-11 Schedule of Fees and Charges The draft 2010-11 Schedule of Fees and Charges has also been prepared for public exhibition. For comparative purposes it shows the fees and charges that were applicable in 2009-10 as well as those proposed for 2010-11. Council has a legislative requirement to determine the amount of fees and charges following consideration of: • the cost of providing the service; • recommended prices suggested by outside bodies or the Department; • the importance of the service to the community; and • any factors specified in regulations. Generally, the choices available regarding agreed pricing policies (what degree of cost recovery), and examples of their application by the City of Canada Bay Council include: • the pursuit of full cost recovery (100% of identified costs) such as commercial hire of Council halls; • the application of partial cost recovery (reflecting the impact of public good constraints and/or community service obligations) such as hire of sports fields to local teams; • the application of a reference price (a fee or charge set by statute or regulation) such as those that apply to DA fees; and • the pursuit of a commercial rate of return on capital invested (to reflect the capital risks involved in the provision of a particular service) such as private works undertaken by Council’s Technical Services and Operations division. The fees and charges proposed for the coming year have been extensively reviewed in accordance with the above principles. A proposed rating structure is outlined in the draft Schedule of Fees and Charges (and Delivery Plan). Two scenarios are presented; one with the 2.6% increase as determined by the NSW Government, and the second incorporating the proposed special rate variation. The schedule of infrastructure works suggested under this special variation is also included in the draft Delivery Plan. The Schedule also incorporates other changes to charges including an increase in the Domestic Waste Management Charge by 5%, reflecting the costs of providing the service. The Stormwater Management Charge has not been changed. Draft Long Term Financial Plan and Draft Asset Management Plan These plans form part of the City of Canada Bay's Resourcing Strategy. These interrelated documents give consideration to the capacity for Council to deliver on it's responsibilities within FP20 and both inform and are informed by draft 2010- City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 11 13 Delivery Plan. Both documents should be viewed as constituent elements of an overall strategy and will be under continuous review and adjustment as annual budgets and operating plans are developed. The draft Long Term Financial Plan is the first revision of Council's Long Term Financial Plan which was adopted in October 2006. It continues to focus on Council's long term goal of financial sustainability and delivering quality services to the community. Since Council's first Plan was developed there have been a number of challenges and changes to the way that local government in NSW operates. For example, the global financial crisis in 2008 required Council’s to re-assess their investment strategies, manage new borrowings in light of the increased cost of capital being passed on by banks and its legal obligation to make up for investment losses suffered by the Local Government Superannuation Scheme. In addition, the new integrated planning and reporting framework has opened the way for councils and their communities to have important discussions about funding priorities, service levels and preserving local identity and to plan in partnership for a more sustainable future. The draft Long Term Financial Plan is a decision making tool. It is not intended to be a document that specifically indicates to what services or proposals funds should be allocated; rather it addresses areas that impact on the Council’s ability to fund its services and capital works, whilst living within its means and ensuring financial sustainability. The Plan will continue to be dynamic in nature and subject to continual review to ensure changing community needs and attitudes are reflected. The draft Asset Management Plan is a reflection of Council's intention that our community's infrastructure network is maintained in partnership with other levels of government and stakeholders to meet the need of the local residents. As part of this, the Plan is predicated on the need for assets to be maintained at a reasonably safe and functional standard as detailed in the Plan. Critical to the achievement of the Plan will be the provision of sufficient funding over the life of the Plan to ensure that infrastructure provides services at the standard that the community agrees to and can afford. Proposed public exhibition In accordance with Council's Community Engagement Policy and Communication Policy, a communication and engagement needs analysis in relation to the exhibition the must be undertaken. This analysis resulted in the Community Engagement Strategy specific to the project which was adopted by Council in February. To adhere to this Strategy and meet legislative requirements, it is recommended that Council place all the documents reference on public exhibition from 1 April to 7 May. This is longer than the minimum period of 28 days required in recognition of upcoming public and school holidays. This will allow ample time for public submissions to be received. During this period it is intended City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 12 to implement a series of communication and consultation mechanisms to ensure that the City's residents are well informed of Council's future strategic direction. These mechanisms will include: • Continued involvement of the FP20 community panel. Panellists will be encouraging to seek feedback and input from their neighbours, family members and other local residents known to them; • A telephone poll of a sample of residents regarding the proposal for a special rate variation. Council will engage an independent agency to conduct this poll; • Direct mail to specific stakeholders; • A number of community drop-in sessions which will be widely advertised and used as informal opportunities for interested residents to gain information and ask questions of Council officers in detail. Multiple sessions will be held at various locations and times; • A special edition of Bayside Brief developed to provide information on all documents on exhibition; • Online information via a dedicated and detailed section of Council's website; • Advertising in local newspapers; and • Information displays at Council's customer service centre and libraries. Following the exhibition and consultation period, the documents will be presented to Council at its meeting on 18 May 2010, where Council must consider any submissions before adoption. RECOMMENDATION 1. THAT in consideration of the Draft revised FuturesPlan20; Draft 2010-13 Delivery Plan, incorporating the draft 2010-11 Budget and Operating Plan and a proposal for a special rate variation application; Draft 2010-11 Schedule of Fees and Charges; Draft Long Term Financial Plan; and Draft Asset Management Plan, Council place these documents on public exhibition in accordance with Section 405 of the Local Government Act 1993. 2. THAT the period of exhibition be from 1 April to 7 May 2010 inclusive. 3. THAT upon expiration of the public notice period, the General Manager report back to Council evaluating the submissions received, with Council to consider the report and thus make suitable amendments to the documents if necessary prior to adoption. City of Canada Bay Council Extraordinary Council Meeting Agenda 30 March 2010 Page 13 Attachments: 1. Draft revised FuturesPlan20; 2. Draft 2010-13 Delivery Plan, incorporating the draft 2010-11 Budget and Operating Plan and a proposal for a special rate variation application; 3. Draft 2010-11 Fees and Charges; 4. Draft Long Term Financial Plan; 5. Draft Asset Management Plan; 6. Consultation reports outlining FP20 panel feedback. (all above to be circulated under separate cover).