On the midweek update for 23rd August 2023,
A court rules that an arbiter provided inadequate reasons for a finding of councillor misconduct;
Rural Councils welcome new disaster recovery funding arrangements;
A regional mayor appeals for direct government communication, rather than by media;
A council’s general manager terminated one day, reinstated the next;
More Sydney councils move to bring their own bans on new gas connections;
A Tasmanian GM on indefinite leave and under pressure to resign;
An NT councillor banned from council buildings and meetings;
And a US mayor describes a state governor’s actions as evil and despicable.
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Transcript (with story links where available):
Hi, this is Chris Eddy, coming to you from the land of the Wadawurrung People with the latest from the Local Government News Roundup.
On the podcast today:
A court rules that an arbiter provided inadequate reasons for a finding of councillor misconduct;
Rural Councils welcome new disaster recovery funding arrangements;
A regional mayor appeals for direct government communication, rather than by media;
A council’s general manager terminated one day, reinstated the next;
More Sydney councils move to bring their own bans on new gas connections;
A Tasmanian GM on indefinite leave and under pressure to resign;
And a US mayor describes a state governor’s actions as evil and despicable.
Just some of the many local government stories getting our attention today… let’s round ‘em up!
Thanks for joining me for today’s podcast – brought to you by the Victorian Local Governance Association – the national broadcaster on all things local government;
And by Snap Send Solve, whose team is in NSW this week for the LG professionals customer experience conference on the 24th and 25th August.
Let’s get into the Victorian Roundup.
The Supreme Court has found that an arbiter failed to provide adequate reasons in determining a finding of misconduct against former Stonnington Councillor Alexander Lew.
It is the first Supreme Court test of the arbitration process that came into effect with the 2020 Local Government Act.
Mr Lew sought a judicial review of a decision by arbiter Noel Harvey, in response to a complaint lodged by Councillor Michael Scott.
Mr Harvey directed then-Cr Lew to provide a written apology, requiring it to be meaningful, for failing to show respect and fairness to Cr Scott during a meeting of the council’s audit and risk committee.
The arbiter found that Lew had breached the code of conduct for councillors, but for misconduct that was not the subject of the complaint.
Mr Lew argued that it was unclear what he was required to apologise for, due to inadequate reasons being provided in the decision.
Judge J Tsalamandris found that the inadequacy of the reasons hindered the ability to sensibly consider Mr Lew’s other grounds of review relating to the decision.
Another finding of misconduct against Mr Lew, made by arbiter Yehudi Blacher, is also subject to a Supreme Court challenge, with a decision pending.
Lew v Harvey & Anor [2023]; Herald Sun
Latrobe City Council has welcomed an announcement that AGL’s Loy Yang A power station will remain operational until 2035, giving 12 years notice and certainty for the workforce and community.
The council acknowledged a commitment from the Loy Yang A operators and the state government of a $50M community and economic development fund, in addition to AGL’s rehabilitation, closure planning and regulation obligations.
Mayor Kellie O’Callaghan has met with government minister Lily D’Ambrosio to the discuss the the state’s commitment to re-establishing the State Electricity Commission in Morwell; as well as other funding pledges to establish VET qualifications, and support the creation of a $5M Clean Energy Centre in Gippsland.
The announcement of a $9.4M state and federal Council Priority Betterment Program has been welcomed by Rural Councils Victoria, which said it is the first time that state and federal governments have embraced the concept of betterment in Victoria.
Chair Cr Mary-Ann Brown said it means assets would be built back to a higher standard to withstand possible future natural disasters.
Buloke Shire Council, which has been advocating heavily for realistic funding for local road repairs after last year’s floods, has also welcomed the news. Its Mayor Alan Getley said the new funding announcement demonstrates that Buloke and other hugely affected councils have the ear of government.
He said while the announcement is welcome, there is a lot more that needs to be done, considering the damage bill is in the tens of millions of dollars.
14 Victorian councils will be eligible to apply for under the new funding program – Buloke is one of seven councils that can apply for up to $1M each, with the remaining councils able to request up to $343,000 each.
Rural Councils Victoria; Buloke Shire Council
The City of Melbourne is renewing its call for the state government to mandate affordable homes in large apartment projects.
The Age reports that the council wants to see the government adopt its previous call for inclusionary zoning, which it uses when approving developments on its own surplus sites.
It has pointed to research from SGS Economics and Planning that suggests every $1 invested in affordable housing leads to a $3 benefit to the community.
Concerns have been raised over delays with the government’s inclusionary zoning pilot, announced six years ago, which has not yet led to any homes being built.
Wodonga Mayor Ron Mildren has made an appeal to state government ministers to communicate directly with the council, rather than via the media.
His comments are reported in the Border Mail this morning, and follow a meeting with regional development minister Harriet Shing last week.
The council has partnered with other councils in the region on advocating for a new hospital to meet its future needs.
Cr Mildren said he was told by Minister Shing to take the $225M that was on the table from the Government and don’t complain.
Border Mail, 23-8-23
Now in today’s Victorian Briefs:
Macedon Ranges Shire Council has welcomed confirmation of the sale of East Paddock at Hanging Rock to the Victorian Government, and says it will protect the future of the culturally significant precinct.
While the area will now be under single ownership, the council will be retained as Committee of Management for three years and will work with the government and Traditional Owner groups on long term management and development.
A collaboration between Maroondah City Council and Yarra Valley Water will see only recycled water used in the council’s tree watering program.
The council is the first customer to trial the water authority’s new recycled water carting program, which will see recycled water used in place of potable water which was previously used to irrigate trees in dry weather.
And Mildura Rural City Council has welcomed the first visit in seven years by officials from its Japanese sister city Kumatori.
Leaders and school students have been touring major project sites and visiting local business and industry in a week-long visit that concluded on Saturday.
The sister city relationship dates back to 1984.
The consultation on new ministerial guidelines relating to the payment of rates and charges has been extended to 15 September.
The guidelines focus on hardship definitions and provisions, circumstances in which a Council can apply hardship policies, and processes for payment plans and waiver of interest on unpaid rates or charges.
Kingston City Council says it has lodged a ‘positive plan’ to help tackle the housing crisis and is awaiting approval from the planning minister.
The plan includes new housing zones to guide future development across Kingston, and enable sufficient growth to meet the state’s forecast demand over the next couple of decades.
The council says the plan has been reviewed by an independent planning panel, which made some recommended changes, most of which were accepted by the council.
However, it has rejected advice to increase building heights along sections of the Mentone and Parkdale foreshore.
Mayor Hadi Saab said the council does not support changing the current 2-storey limit that safeguards the unique coastal environment.
National Roundup
Now for some of the stories making local government news from around Australia this week.
NSW:
Ku-ring-gai Council in Sydney has been making news after terminating the services of its general manager, John McKee in a confidential council session, with immediate effect.
But the morning after the decision, Mr McKee was still on the job due to the lodgement of a rescission motion by three councillors, including the mayor.
An original motion seeking to put the general manager’s position out to a competitive process was amended to the effect that the general manager not be offered a new contract; and to appoint the council’s director corporate David Marshall as acting GM.
The amendment was passed by six votes to four.
The Sydney Morning Herald reported that Mr McKee was unaware of the pending vote, and that no concerns had been raised with him about his behaviour or performance.
One councillor who opposed the motion said Mr McKee was being used as a political tool, and was a victim of jostling over the mayoralty which is due to be decided next month.
According to a council spokeswoman, Mr McKee remains as general manager until the council reconsiders the matter at a future meeting – the next regular scheduled Council meeting is due on 19th September.
Ku-ring-gai Council Minutes; Sydney Morning Herald
Sydney City Council has this week voted to start a process that could see gas appliances banned from new homes and businesses.
The vote has come despite likely opposition from the state government, with Premier Chris Minns having previously ruled out a ban on new gas connections.
The move from Sydney follows moves from Waverley and Canterbury Bankstown to introduce their own bans on gas appliances in some buildings.
AAP reports that the council will receive advice on required amendments to planning controls to enable a ban to be enforced.
Lord Mayor Clover Moore said she would seek the Premier’s support and encourage a statewide mandate in banning gas connections, as has been done in Victoria.
Australian Associated Press 22/823
In Tasmania, a council GM has taken indeterminate personal leave, and an acting GM installed, after allegations surfaced of conduct damaging to the council’s reputation.
The Mayor of George Town Council, Greg Kieser, confirmed to the Tasmanian Times that Mr Power was on leave, and that director of corporate and community Cheryl Hyde would act in the position until further notice.
The Tasmanian Times details the allegations of drunk and disorderly behaviour on a recent Saturday, when Mr Power had attended a number of local events and venues.
The council was due to discuss the matter at a closed session this week, with the agenda listing the Employee Code of Conduct as a confidential matter for consideration.
Mr Power has held the GM position at George Town since January 2019.
Gold Coast Mayor Tom Tate has announced an increase in incentives to attract film and television productions to the city.
The council is increasing screen funding by 300 per cent to more than $1M a year, and establishing a Gold Coast Film Commission.
The council says it is the only local government in Australia to provide incentives, and be involved in the prestigious Association of Film Commissioners.
This week, It has also shortlisted two studio operators for the development of a state of the art studio on an 85 hectare council-owned site at Yatala.
A final list of 23 nominees will contest the vacant position on Toowoomba Regional Council.
Each of the nominees will speak at a special council meeting on Tuesday 12th September.
CEO Brian Pridgeon has been asked by councillors to investigate a process for conducting a ballot at the meeting to determine a preferred candidate.
The council would then make a formal appointment, with the successful candidate to hold the position for the remainder of the current term until March next year.
A Darwin city councillor has been banned from entering council buildings or attending council meetings.
The NT News has reported that Amye Un was issued with a trespass notice this week, putting in place a 12 month ban.
The ban follows a code of conduct warning and advice from the Council’s CEO, to which she then allegedly made aggressive and threatening online posts.
The posts included an alleged threat toward the CEO to “stab you in the front,” and a separate comment that said “gun already full up with bullets.”
Ms Un told the NT News that her comments were not intended to be taken literally,
The matter has been referred to the police.
Briefly:
The Australian Local Government Association is urging local governments to apply for funding under the Federal Government’s new and upgraded heavy vehicle rest areas initiative.
$140M has been committed over 10 years for the construction of new and upgraded heavy vehicle rest areas across Australia.
The former CEO of the Western Australian Local Government Association has been appointed as Chair of WA’s Great Southern Development Commission.
Ricky Burges PSM will take over the role from Bruce Manning, who has retired after 21 years.
The government sees regional development commissions as key to its job creating agenda in regional WA.
Armidale is the newest location in NSW to introduce a shared scheme of e-scooters.
A 12 month trial will commence next month with Beam Mobility, allowing users to ride e-scooters across most of Armidale, including from the University of a New E ngland to the city centre.
Maitland City Council in NSW is pushing to be included on the itinerary for next year’s visit by members of the Royal Family.
Radio station 2HD reported that the council was due to consider a motion at last night’s meeting, to request that the Governor and Premier agree to either a civic reception at the Maitland Town Hall, or a tree planting in the recently named Queen Elizabeth II Park.
Now for today’s International Spotlight:
Europe:
In Ireland, a new local government bill has been welcomed as a significant step towards allowing the people of Limerick city and county to directly elect a mayor with extensive powers.
The bill also makes provision for the holding of plebiscites in other local authority areas to determine if they too should have a directly elected mayor.
The election for a directly elected mayor in Limerick is planned to take place on the same date as the Local and European Elections in June 2024.
Minister of State for Planning and Local Government Kieran O’Donnell said the bill was a major milestone, and that he looks forward to working with colleagues in the coming months to have the legislation passed.
An update on a local mayor’s fight against the use of a barge to house asylum seekers in Portland, in Dorset, England.
Mayor of Portland Carralyn Parkes is seeking a judicial review of the government’s plan, claiming that planning permission was neither sought nor granted.
She has used a fundraising website to raise money for the legal challenge, and has surpassed her goal of £15K in just one week.
US:
The mayor of Denver, Colorado is asking for the city council’s approval of a $7M contract to build 200 tiny homes, as part of his plan to house 1,000 people by the end of the year.
Denver’s ABC News station reports that the $7M includes the cost of air conditioners, heaters, twin mattresses, bed frames and folding desks in each unit, which are prefabricated and can be assembled in under an hour.
The tiny homes will initially be located in three micro-communities, with plans to expand to up to ten micro-communities in total.
Organisations will be invited to bid to operate the micro-communities, and the mayor has pledged to have them in every council district.
In Los Angeles, the city council has approved the acquisition of a 294 room hotel that will be used to house homeless people.
The city says the purchase of the hotel is part of a comprehensive, citywide strategy to confront homelessness.
Plans for the building’s use are in the early stages of development, and Mayor Karen Bass says her office will actively engage the surrounding community as they prepare for the facility to begin operations in the coming months.
Meanwhile Mayor Bass has described the actions of the Governor of Texas as evil and despicable, after the ninth bus of vulnerable migrants was sent to LA while it was under an unprecedented tropical storm warning.
The mayor and other leaders have warned residents to brace for the worst of a coming storm, with extreme weather conditions predicted.
Mayor Bass said Texas Governor Greg Abbott’s decision to send a bus with families and toddlers on board at this time was a despicable act beyond politics.
NZ:
Auckland Council is seeking feedback on whether Māori seats should be included in its governing body.
The city currently has the country’s largest Māori population but no seats representing Māori voters.
Aucklanders are asked to provide feedback on three options between now and late September, with a decision to be made in October.
If it is agreed to introduce Maori seats, they would take effect from elections in 2025.
That’s the latest from the Roundup for 23rd August 2023.
Brought to you by the Victorian Local Governance Association, with support from Snap Send Solve.
You can find links to the stories referenced in this episode and a full transcript at www.lgnewsroundup.com.
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The Local Government News Roundup is recorded in the city of Greater Geelong, Victoria, on the land of the Wadawurrung People of the Kulin Nation.
More of the latest local government news coming your way next week. Until then, thanks for listening, and bye for now.