Reform Wollongong City Council

Encouraging a genuine community conversation on reforming our local government

Archive for August, 2011

Precinct Committees – complement Councillors, functions and a workshop

Posted by reformwcc on August 16, 2011

The issue of community consultation has been put on the election agenda by several candidates. The latest was by ALP Lord Mayor candidate Chris Connor, who was interviewed on ABC radio 97.3FM this morning (Tuesday 16 August) under the catch line of an undertaking to consult with every household.

When asked, by interviewer Nick Rheinberger, how this could be done Chris suggested that some form of questionnaire could go out with every rate notice. Not a bad idea for some major issues, but as many people pay their rates annually, this would not be a very active means of consulting.

When pressed by Nick, Chris also suggested the use of social media such as Twitter. Another good idea, and also subject to problems as Nick pointed out in terms of how much weight can be put on the twittering of a small but vocal number of people who feel passionate about a particular issue.

It seems to me there is a great space between these two extremes and that space is best filled by Ward-based Precinct Committees which, as committees of Council, meet regularly (once a month). These are more accessible to local households in the Ward, and well-placed to serve as a community-council conduit and clearing house.

One candidate asked me if Precinct Committees would replace elected Councillors. No way! Our elected Councillors are a key part of our local democratic process. The role of Precinct Committees should be to reduce some of the donkey work from Councillors so they can concentrate their full attention on matters which require a higher level of attention. That is, Precinct Committees must complement the work of Councillors.

With the massive workloads on Councillors, and the fact that they are not full-time paid positions, we need to recruit our local community expertise and talent into the task of properly managing community business.

Some of the features of a new model for Precinct Committees which I have garnered from experience over the years include:

PRECINCT COMMITTEES

1. Change the Local Government Act to provide for and protect properly resourced Precinct Committees as formal committees of local council. (Protection to include provision that a Precinct Committee cannot be abolished or dissolved by a simple majority of Council).

2. Precinct Committees to consist of twelve community representatives elected annually from residents within the Precinct area. (Full disclosure provisions to apply to those seeking election to Precinct Committees).

3. Precinct Committees will be provided with Council funding and resources necessary for them to fulfil their functions.

4. The provision of coordination services for a Precinct Committee shall be contracted out, with Council providing the funding for these services and the Precinct committee and Council jointly selecting the successful tenderer. (alternatively, Council to provide a Ward-based Liaison Officer who works with and for the Precinct Committee.)

5. All general meetings of Precinct Committees to open to all residents, with rights to speak and a right to provide an indicative (non-binding) vote; Committee members required to comply with Council level disclosure provisions when dealing with items of business and voting; the Model Rules for organisations (modified as required) to serve as a blueprint for conduct of Precinct Committees (and as set out by other legislation).

6. Functions of Precinct Committees to be determined by community consultation, but may include the provision of a conduit between people in the local area and other levels of government; setting funding priorities for the local area; recognition of their role as an authority in determining the local character of the area (including cultural heritage matters and questions of significance in relation to the cultural and natural environment); a role in the selection and review of Council staff; a role to provide community representatives to other bodies.

7. Change the Local Government Act to ensure that Precinct Committees have an effective role to play in community consultation for major projects of state significance and have the resources required for this task.

8. Change the Local Government Act (and Planning Act) to require all major projects of state significance to be issued with a “statement of community consent” from the relevant Precinct Committee as a prior and necessary condition for the NSW Planning Minister to grant development consent (such statement of community consent not to be unreasonably withheld – with a test of ‘reason’ in contested cases being determined by a popular vote within the area of the Precinct Committee).

9. Precinct Committees to be Community Trusts for holding title to community land within their area, and in the management of these lands in keeping with community based plans for these lands, and other conditions (such as respecting the conditions of original grants).

NEED FOR COUNCIL- COMMUNITY WORKSHOP

This model may be in need of an update. No doubt other people have some great suggestions of ways these Precinct Committees could be improved in order to serve as accountable and effective vehicles for our communities aspirations.

What the new Council could do, after elected in September, is hold a Council-Community workshop to discuss the design of Precinct Committees (or similar) with the view to finalising the design and implementing them by December 2011.

Input from Council officers is an important ingredient in getting a realistic model from their point of view, and they need to be able to freely participate in the workshop.

Perhaps it is too much to expect that Council could engage a professional community development consultant to manage this workshop and implementation of the outcomes? That would be money well spent.

Bruce Reyburn

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Time for a Wollongong people’s mandate for real reform of WCC

Posted by reformwcc on August 12, 2011

In revisiting the ICAC recommendations and the new Code of Conduct for Councillors it is striking how much faith bureaucrats have placed in formal policies and codes of conduct to reduce the likelihood of corruption.

Having studied the actual workings of society (in anthropology) I do not share this faith. The ‘conscious’ level of life is only one part of the picture. Many of the main ‘games’ take place out of sight and at the ‘unconscious’ level.

What is striking to me is the very narrow view which is contained in the ICAC recommendations. That is, the view that these 20th century forms of organisation, which concentrate power in particular loci, can be made more corruption proof by some tweeking of the internal Council procedures and policies and some Scout’s Honour Codes of Conduct.

All very well – but doomed to failure in my assessment. Especially so as life becomes increasingly pressured in the deteriorating global, national, regional and local economic times. Desperate people will increasingly chance their arm no matter what decent people may like to think.

What is required to make Council more resistant to corruption (and to make it more effective as well) is:

1. the inclusion of empowered and informed citizens by way of properly resourced Precinct Committees (or similar) as part of Council which can provide a systematic and effective check on the workings of both Councillors and Council staff.

2. the decentralisation of Council’s present form of organisation to re-centre it in our local communities. That is, to deconstruct the outmoded pyramids of power which were constructed in Burelli Street over the last 50 years or so.

There is no such thinking in the reforms provided by ICAC and you can rest assured that such thinking will never originate from state technocrats and council bureaucrats.

In other words, these real reforms of Council must come from the workings of the local political process by which Councillors are elected with a clear popular mandate to implement down-to-earth reforms of this kind.

Wollongong’s people get one crack at this major community empowerment and community engagement issue for the next five years. As we have all had to suffer from the damage to our reputations when we say “I come from Wollongong”, the recognition of our stake in this matter is of prime importance.

It is now time for some real people-based reforms in addition to those proposed by ICAC.

It is time for candidates for Council to acquire the mandate for these real changes by putting these issues to the people of Wollongong prior to the election on 3 September – so an informed decision can be made by the people who make up our city.

Bruce Reyburn
Coledale

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

For a quick refresher course on ICAC recommendations and implementation by WCC read more:

Read the rest of this entry »

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Destination 2036 Workshop 17-18 August Dubbo

Posted by reformwcc on August 11, 2011

What is Destination 2036?

see

http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_generalindex.asp?sectionid=1&mi=6&ml=21&AreaIndex=PRS

Discussion paper contains recent reforms from UK. New Zealand/Aotearoa, and South Africa.

Needs analysis and debate in terms of Precinct Committees and empowering community in the decision-making process and setting spending priorities etc.

Download at:

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/information/Destination2036_Discussion_Paper_LR.pdf

Workshop summary

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/information/Destination%202036%20Summary%20Program.pdf

QUESTION BY REFORMWCC

Will Precinct Committees (or similar) be part of the reform models which are being considered by those attending?

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Minister for Local Government says Section 8 of LGA too broad.

Posted by reformwcc on August 10, 2011

The NSW government Minister for Local Government, Don Page, has said he thinks Section 8 of the Local Government Act is too broad. (Win TV news Wed 10 August). The news item was in connection with cutting costs of Councils by way of (voluntary) Council amalgamations.

What does the Minister have in mind? This is an issue which candidates for Council need to be up to speed on.

Here is a press release from the Minister regarding another important conference which we will not have elected representatives at:

FORUM TO FOCUS ON LOCAL GOVERNMENT REFORM
Wednesday, 10 August 2011 08:07

Local Government Minister Don Page has announced that representatives of the NSW local government sector will meet in Dubbo next week to discuss positive ideas for the future of local government in this State.

Destination 2036 next Wednesday and Thursday will be two days of dialogue between the leaders of the 152 councils in NSW, overseen by Minister Page and with input from other council representatives – all focused on meeting the challenges for councils and the local government sector.

“Destination 2036 is a unique event that will bring together all the mayors and general managers of every NSW council to seek their input and positive ideas about local government over the next 25 years, with a special emphasis on the next four years,” Mr Page said.

“Destination 2036 is a fantastic opportunity – the first time ever that NSW has seen this sort of strategic, creative and participatory approach applied to the many issues that face local government as we move further into the 21st Century.

“This is historic: all leaders of local government in NSW talking together about the future, and planning for the kind of councils that NSW communities deserve.

“From my perspective, nothing is sacred – everything will be open for discussion and I expect everyone involved to approach the workshop from a similar perspective.

“The NSW Liberal/Nationals Government is committed to reforming the local government sector and addressing the issues that need our attention; issues that councils recognise as ongoing challenges.”

Mr Page said he expected all aspects of local government would be scrutinised.

“I anticipate that there will be clear outcomes at the end of the two days, with a constructive and achievable action plan for a sustainable local government sector in the future,” Mr Page said.

“Ultimately, the outcomes and action plan that emerge will belong to the participants and will be for the NSW Government to consider, so I am happy that all councils will be heard.””

(ends)

LOCAL GOVERNMENT ACT 1993 – SECT 8

http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s8.html

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Sea level rise and draft vision for Brickyard Point – Headlands Hotel

Posted by reformwcc on August 9, 2011

My submission to Council on this issue.

The General Manager
Wollongong City Council
Locked Bag 8821
Wollongong NSW 2500

Dear Mr Farmer

Draft Vision Brickyard Point – Headlands Hotel, Austinmer
Your file reference – ESP-100.02.004

Thank you for your letter of 8 July 2011 (your ref Z11/164195) inviting public submissions from stakeholders and members of the community.

As a ratepayer I am writing to express my concern that, despite previous requests to Council, there does not appear to have been a proper study done, as part of this Council draft vision for a development control plan chapter, of the potential financial risk posed to present and future ratepayers as a result of accelerated erosion to the Brickyard Point cliff face due to rising sea levels and increased storm events associated with climate change.

The composition of the headlands at Brickyard Point appears to my layman’s eye to be one which will be subject to rapid erosion as a result of more frequent coastal attacks which are predicted to rise to unprecedented levels. The cliff has a soft seam at water level and a highly fractured mid-range level, capped by another seam. I refer you to the enclosed photos which I took in July 2011. Once the softer seam at sea level is eroded the upper layers quickly collapse.

A fuller range of images (can be viewed as a slideshow) which show very recent rockfalls, can be found at https://picasaweb.google.com/lh/sredir?uname=bruce.reyburn&target=ALBUM&id=5635743182260270929&authkey=Gv1sRgCNuVp9OKru7SNA&feat=email

This issue has previously been brought to Council’s attention by way of a submission from Neighbourhood Forum 3:

NEIGHBOURHOOD FORUM AREA 3 SUBMISSION
Re: HEADLAND HOTEL, AUSTINMER REDEVELOPMENT PROPOSAL
DA-2009/1313, DA-2009/1315, DA-2009/1316, DA-2009/1317, DA-2009/1318, DA-2009/1319, DA-2009/1320, DA-2009/1321, DA-2009/1322

Given the level of coastal erosion in our area, the forum is concerned that this land will be lost to the public in the future. Another question raised should this development go ahead, and the buildings be affected by erosion, will rate payers be liable for compensation to the developer/owner? Given that the development will have the amenity of the coastal location, is there any requirement for the owners to aid in the protection of the coastline immediately adjacent?

(Alice Cartan, Chairperson, Neighbourhood Forum Area 3, 1/12/09) “

The report to Council (DRAFT VISION FOR BRICKYARD POINT, HEADLANDS HOTEL SITE, AUSTINMER Report of Manager Environmental Strategy and Planning [Acting] (BJ:RJ) 2/06/11 ESP-100.02.004) at its meeting of 21 June 2011 states:

“Neighbourhood Forum Consultation
Preliminary input was sought from Neighbourhood Forums 2 and 3 (Coledale and Thirroul) in relation to the site and possible future planning controls. Comments from these Neighbourhood Forums were received in May 2010 and were considered during the investigation of development controls and the urban design process.”

To my knowledge this is not correct in relation to matter of question of potential risk to ratepayers as a result of the accelerated erosion of the Brickyard Point headlands. I note that neither NF2 or NF3 are operating at this time and Council is not making any provision for an interim community consultation alternative for NF 2 and 3 prior to the election of a new Council. As the draft Vision closes for comment on 15 August 2011 this disadvantages a very large number of concerned local residents – particularly those who require help making submissions on complex matters.

In the past taxpayers and ratepayers in Wollongong have found themselves in the ridiculous position of having to fund major flood mitigation works due to flooding and approval having been given for people to build houses in creeks (in the Northern Suburbs – Wombarra in particular) and on floodplains!

It is not clear to me, in 2011, if the NSW Coastal Policy of 1997 now applies to Wollongong in some form (e.g as part of a regional plan): That Policy set out the need to:
• recognise and accommodate natural coastal processes and hazards, including sea level rise and climate change, in the management of the coastal zone.
• Protect beaches, dunes and the undeveloped headlands, permitting only minor developments for essentially public purposes
• Manage and reduce the risks to existing and future development such that the value of the assets at risk from coastal hazards is not increased over time.

No doubt there is more relevant planning legislation and official policy which is relevant to a proper assessment of this project. I refer you also to the NSW Coastal Planning Guidelines – Adaptation to Sea Level Rise from the NSW Department of Planning which states:
The Guideline adopts the following six coastal planning principles for sea level rise adaptation:
1. Assess and evaluate coastal risks taking into account the NSW sea level rise planning benchmarks.
2. Advise the public of coastal risks to ensure that informed land use planning and development decision-making can occur.
3. Avoid intensifying land use in coastal risk areas through appropriate strategic and land-use planning.
4. Consider options to reduce land use intensity in coastal risk areas where feasible.
5. Minimise the exposure to coastal risks from proposed development in coastal areas.
6. Implement appropriate management responses and adaptation strategies, with consideration for the environmental, social and economic impacts of each option.

http://www.planning.nsw.gov.au/PlansforAction/Coastalprotection/AdaptingtoSeaLevelRise/tabid/177/language/en-AU/Default.aspx

The Wollongong Coast Zone Management Study (BHTWBM) Preliminary draft Report (June 2011) does not appear to have assessed the intermediate to long term risk to headlands along any part of the Wollongong City Council coast (in general) nor to Brickyard Point Austinmer (in particular).

The NSW Sea Level Rise Policy Statement of 2009 provides a figure of .4m rise in sea level by 2050 and of .9m by 2100. The present Headland has enjoyed some protection from the high seas by a rock platform which will cease to be able to provide this protection as sea levels rise and the high tide level increases.

The Climate Change Commission recently released its assessment for the Illawarra region. This included:

2. Rising sea levels will exacerbate existing vulnerability of coastal towns and infrastructure in the Illawarra/ NSW south coast region.
– Global sea level has risen by about 20 cm since the late 1800s, and is projected to increase by a further 0.5 m to 1.0 m this century. (source – The Critical Decade: Illawarra/ NSW South Coast Impacts. http://climatecommission.gov.au/wp-content/uploads/4246-CC-Wollongong-Key-Messages_web.pdf

It is estimated by climate change experts that the extreme weather events which are presently regarded as a one in a hundred year event will become commonplace in coming years. A recent low in the Tasman Sea (July 2011) resulted in enormous seas along the Illawarra coast.

I note in many other parts of the world the trend is not to build expensive sea walls or other works to protect the built environment from encroaching sea and river hazards.

In conclusion, before finalising the draft Vision for Brickyard Point – Headlands Hotel, Council should:

1. obtain expert opinion from suitably qualified geological and climate change professionals as to the likely rate of erosion of the headland in light of the now accepted parameters of coastal erosion resulting from climate change and sea level rising.
2. Obtain expert assessment of the financial risk to ratepayes and taxpayers (if any) which come to light as a result of 1 above.

Council should not finalise the Vision for Brickyard Point – Headlands Hotel Austinmer until these matters have been seriously assessed.

Yours truly

Bruce Reyburn
Coledale

cc Ward 1 Council candidates.

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Electoral material, authorisation, the internet and social media.

Posted by reformwcc on August 8, 2011

Having posed some questions for candidates running for office in the Wollongong Council election, and having received at least one response, reformwcc is now trying to find out from the NSW Electoral Commission if a reply from a candidate posted to a website has to carry the appropriate authorisation as is required on other electoral material during the regulated election period.

People attending the candidate briefing session at WCC a few weeks back were told that the law is unclear in relation to the internet and candidates were advised to err on the safe side.

Until there is a clear reply from the NSW Electoral Commission, reformwcc is refraining from posting replies from candidates on this website. May take five working days says their auto-responder.

See the NSW Electoral Commission “Handbook. Parties, Groups, Candidates and Scrutineers at Local Government Elections Wollongong City Council etc” page 25 for definitions of electoral material and electoral matter.

It states that Electoral Material is “… anything else containing electoral matter.” Electoral Matter is also very broadly defined.

Does ‘electoral material’ include candidate’s letters to the printed newspaper – which seems an obvious parallel.

cheers

Bruce R

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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WCC Lord Mayor Candidates information sheets online

Posted by reformwcc on August 4, 2011

Full lists of candidates for WCC Lord Mayor and Councillors are now back online.

Candidate information sheets for the Lord Mayoral candidates are also available there.

Councillor candidate info sheets have text for link added but no link? (6 pm Thursday.)

Lord Mayor candidates information sheets are well worth a read from the perspective of a potential employer.

Which LM candidate was born on 15-04-2011? Don’t you hate that when you do it yourself?

See:

http://www.elections.nsw.gov.au/elections/wollongong_city_council_3_september_2011/candidates

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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DA Compliance for exceptional projects – questions for candidates.

Posted by reformwcc on August 4, 2011

Reformwcc has received a copy of a message to Council from a concerned group regarding the apparent lack of compliance with a development approval for a business in the Helensburgh area.

As I do not know the facts I will not comment on that specific matter, but it appears (in general terms) to align with a similar situation in the Coledale area.

Opposition came from local Coledale-Wombarra people to a development proposal which provided for a comparatively enormous residence on land not zoned residential and on a previously development free platform area of the escarpment. The land was reportedly bought for a song (by the previous owner) probably due to the fact that it was not zoned residential.

The Trojan House was done in the name of a “manager’s residence” in connection with a comparatively modest proposed ecotourism accommodation business (some small cabins down at street level). This was, apparently, in keeping with the zoning. The Land and Environment Court overrode WCC and the business was approved.

The enormous manager’s residence has now been built but there is no sign of four cabins for the manager to attend to as shown on the original plan.

It may be that all is in order with a schedule of works and a timeline for the business to start, or there has been a proper modification of the original application, but how are members of the public to know? It does not appear on track as part of the area for the cabins looks as though it has been used for a large solar panel array.

But rather than raising specific cases, perhaps we can we add the issue of D.A. compliance into the discussional mix for candidates to address in the election campaign? There are several other well-known cases.

“Given the lack of resources for Council officers to ensure compliance with development approval consent conditions, how do you propose to address the compliance with conditions of consent issue if you are elected? Should consent be withdrawn, or other penalties applied, if the proposed business does not comply with conditions, and/or start on time or otherwise materialise?”

Or something like that. Let the candidates apply their creative talents to these bread and butter local government community issues and impress us with their answers.

Bruce Reyburn
Coledale

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Latest listing of candidates for WCC Lord Mayor and Councillors from NSW Electoral Commission website.

Posted by reformwcc on August 3, 2011

Nominations for Wollongong City Council election closed at noon today (Wednesday 3 August)

NSW Electoral Commission has updated its list of candidates from this morning (but need to check with them if this is the full official list).

http://www.elections.nsw.gov.au/elections/wollongong_city_council_3_september_2011/candidates

PS – Now you see it, now you don’t. List of candidates appears to have been removed – 8 pm. Wednesday

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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Alice Cartan’s website

Posted by reformwcc on August 2, 2011

Alice Cartan has served as a former Ward One Councillor, did the very hard yards as the Neighbourhood Forum 3 Convenor during the time Council was under Administration (2008-2011), and is running for Lord Mayor.

Check out Alice’s policies on this page on her Website.

http://alicecartan.com.au/our-communities/

(Note – reformwcc.info is not part of any political party or group and has not endorsed or announced support for any candidates in the Wollongong City Council election.)

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