Council Meeting

Notice of Meeting

Monday, 29 October 2018

 

An Ordinary Meeting of Council will be held at 7.00pm on Monday, 29 October  2018 in the Dragon Room on Level 1, Georges River Civic Centre, corner Dora and MacMahon Streets, Hurstville for the consideration of the business available on Council’s website at

http://www.georgesriver.nsw.gov.au/Council/Council-Meetings

 

BUSINESS

1.      National Anthem

2.      Prayer

3.      Acknowledgement of Country

4.      Apologies

5.      Disclosures of Interest

6.      Public addresses to the Meeting

7.      Minutes of previous meetings

8.      Mayoral Minute

9.      Matters of Privilege

9.1    Condolences

9.2    Other

10.    Committee Reports

11.    Environment and Planning

12.    Finance and Governance

13.    Assets and Infrastructure

14.    Community and Culture

15.    Precis of Correspondence

16.    Notices of Rescission

17.    Notices of Motion

18.    Questions with Notice

19.    Confidential items

 

Ordinary Meeting

Summary of Items

Monday, 29 October 2018

Previous Minutes

MINUTES: Council Meeting - 24 September 2018

Mayoral Minute

Nil  

Committee Reports

CCL057-18       Report of the Environment and Planning Committee - Meeting held on 8 October 2018
 

(Report by Executive Services Officer)....................................................................... 4

CCL058-18       Report of the Finance and Governance Committee - Meeting held on 8 October 2018

(Report by Executive Services Officer).................................................................... 10

CCL059-18       Record of the Community and Culture Committee - Meeting held on 8 October 2018

(Report by Executive Services Officer).................................................................... 18

CCL060-18       Report of the Assets and Infrastructure Committee - Meeting held on 8 October 2018

(Report by Executive Services Officer).................................................................... 23

Environment and Planning

Nil

Finance and Governance

CCL061-18       2017/18 Annual Financial Statements

(Report by Acting Chief Financial Officer).............................................................. 27

CCL062-18       Audit, Risk and Improvement Committee Chairperson's Annual Report 2018

(Report by Internal Auditor)...................................................................................... 115

CCL063-18       Tabling of Section 449 Disclosure of Interest Returns

(Report by Manager Governance and Risk)......................................................... 117

CCL064-18       Applications Pursuant to Councillor Ward Discretionary Fund Policy

(Report by Acting Executive Manager, Office of the General Manager).......... 120

Assets and Infrastructure

Nil

Community and Culture

CCL065-18       Major Events Advisory Committee - Community Representatives

(Report by Events Specialist).................................................................................. 158

Precis of Correspondence

Nil

Notices of Rescission

Nil

Notices of Motion

NM091-18          Membership of the Major Events Advisory Committee

(Report by Councillor Kastanias)............................................................................ 161

NM092-18          Request Separate Postcodes for Peakhurst, Riverwood and Lugarno

(Report by Councillor Kastanias)............................................................................ 162

NM093-18          Increasing Transparency and Accountability for Council Funded Entities

(Report by Councillor Konjarski)............................................................................. 163

NM094-18          Small Cell Installations Throughout Georges River Local Government Area

(Report by Councillor Payor)................................................................................... 164

NM095-18          Jubilee Stadium Masterplan Strategy

(Report by Councillor Katris)................................................................................... 166

NM096-18          Recycling of Film and X-Ray Waste in the Georges River Local Government Area

(Report by Councillor Kastanias)............................................................................ 167

Questions with Notice

QWN003-18      849 King Georges Road, South Hurstville

(Report by Councillor Landsberry)......................................................................... 168  

Confidential (Closed Session)

CCL005A-18     General Manager's Performance Review

(Report by Executive Manager People and Culture)  

 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 4

Committee Reports

Item:                   CCL057-18        Report of the Environment and Planning Committee - Meeting held on 8 October 2018
  

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Committee recommendations for items ENV036-18-ENV038-18, detailed below, be adopted by Council.

 

 

ENV036-18       Amendment No.10 to Hurstville DCP No.2 for Landmark Square (53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane, Hurstville)

(Report by Strategic Planner)

Recommendation:   Councillor Katris and Councillor Kastanias                           

(a)     That Council endorse the proposed amendments (Amendment No.10) to Hurstville Development Control Plan No.2 – Hurstville City Centre for 53-75 Forest Road, 108-126 Durham Street and 9 Roberts Lane, Hurstville (the “Landmark Square Precinct”) for public exhibition.

(b)     That Council publicly exhibit the amendments (Amendment No.10) to Hurstville Development Control Plan No.2 – Hurstville City Centre for the Landmark Square Precinct concurrently with the associated Planning Proposal in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

(c)     That Council endorse that the General Manager may make minor modifications to correct any numerical, typographical, interpretation and formatting errors, if required, in preparation for the public exhibition of the amendments (Amendment No.10) to Hurstville Development Control Plan No.2 – Hurstville City Centre.

(d)     That Council advise the NSW Department of Planning and Environment of its decision.

(e)     That a further report be submitted to Council following the public exhibition period.

 

Record of Voting:

For the Motion:                     Councillor Badalati, Councillor Agius, Councillor Kastanias, Councillor Katris

Against the Motion:   Councillor Landsberry and Councillor Payor

 

 

ENV037-18       Planning Proposal for Nos. 12-14 Pindari Road, Peakhurst Heights

(Report by Senior Strategic Planner)

Note:  Councillor Kastanias declared a Significant Non - Pecuniary interest in this item and was not present for the vote.

Recommendation:   Councillor Landsberry and Councillor Katris          

(a) That Council adopt the amendment to the Hurstville Local Environmental Plan 2012 as exhibited in relation to Nos. 12-14 Pindari Street, Peakhurst Heights to:

a.   Amend the Land Zoning Map – Sheet LZN_002 to rezone the site from SP2 Infrastructure (Church) to R2 Low Density Residential.

b.   Amend the Height of Buildings Map - Sheet HOB_002 to include a maximum height limit of 9m.

c.   Amend the Floor Space Ratio Map – Sheet FSR_002 to include a maximum FSR of 1:1.

d.   Amend the Lot Size Map – Sheet LSZ_002 to include a minimum lot size of 450m2.

e.   Amend Schedule 1 – Additional Permitted Uses to include the following:

Use of certain land at 12 and 14 Pindari Road, Peakhurst Heights

(1) This clause applies to land at 12 and 14 Pindari Road, Peakhurst Heights, being Lot 58 and Lot 59, DP 206906.

(2) Development for the purpose of an office premises, and restaurant or café is permitted with development consent.

(b) That Council request the Parliamentary Counsel’s Office for an Opinion to finalise the Local Environmental Plan under Section 3.36 of the Environmental Planning and Assessment Act 1979 and in accordance with Council’s delegation for the finalisation of the Planning Proposal.

(c)  That the Department of Planning and Environment and the Department of Education be advised of Council’s decision.

 

Record of Voting:

For the Motion: Unanimous

 

 

ENV038-18       Georges River Local Environmental Plan Review Report

(Report by Senior Strategic Planner)

Recommendation:   Councillor Kastanias and Councillor Agius            

(a)     That Council endorse the attached Georges River Local Environmental Plan Review Report, as contained in Attachment 1 of this Report.

(b)     That Council endorse that the General Manager may make minor modifications to correct any numerical, typographical, interpretation and formatting errors, if required, to improve clarity and readability.

(c)     That Council forward the Georges River Local Environmental Plan Review Report to the Greater Sydney Commission by 31 October

 

Record of Voting:

For the Motion: Unanimous

 

 

 

File Reference

D18/151533

 

 

 

ATTACHMENTS

Attachment 1

Environment and Planning Minutes - 8 October 2018

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL057-18             Report of the Environment and Planning Committee - Meeting held on 8 October 2018

 

[Appendix 1]          Environment and Planning Minutes - 8 October 2018

 

 

Page 7

 


 


 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 10

Item:                   CCL058-18        Report of the Finance and Governance Committee - Meeting held on 8 October 2018 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Committee recommendations for items FIN080-18–FIN085-18 detailed below, be adopted by Council.

 

FIN080-18         Exhibition Outcome - Georges River Use Of Public Land - Local Approvals Policy

(Report by Property Approvals Officer)

Recommendation: Councillor Elmir and Councillor Agius

That the draft Georges River Council, Use of Public Land – Local Approvals Policy, as amended and attached to this report, be adopted by Council.

 

Record of Voting:

For the Motion: Unanimous

 

FIN081-18         Advice on Costs and Status of Council's Court Proceedings - September 2018

(Report by Director Legal Services and General Counsel)

Recommendation: Councillor Konjarski and Councillor Grekas

That the report, “Advice on Costs and Status of Council’s Court Proceedings – September 2018”, be received and noted.

 

Record of Voting:

For the Motion: Unanimous

 

FIN082-18         Investment Report as at 31 Aug 2018

(Report by Financial  Accounting Officer)

Recommendation: Councillor Grekas and Councillor Liu

That Council receive and note the contents of the Investment Report as at 31 August 2018.

 

Record of Voting:

For the Motion: Unanimous

 

 

FIN083-18         Updated Fees and Charges for 2018/2019

(Report by Director Business and Corporate Services)

Recommendation: Councillor Elmir and Councillor Symington

(a)  That Council defer the inclusion of fees and charges for Penshurst Park Indoor Cricket Centre to allow the development of a policy for the management of the Centre.

(b)  That Council defer the inclusion of fees and charges for Peakhurst Park and Poulton Park Synthetic Fields to allow a further report to be presented to Council for further consideration regarding the fee structures of both sites.

(c)   That the proposed changes to the 2018/19 Fees and Charges Schedule, as contained in Attachment 1, excluding Penshurst Park Indoor Cricket Centre, and Peakhurst Park and Poulton Park Synthetic Fields Fees and Charges recommendations, be placed on public exhibition for a period of not less than 28 days in accordance with sections 610F (3) and 705 of the Local Government Act 1993(Act).

(d)  That Council receive a further report following the closure of the public exhibition period which will consider any submissions received during the period of public exhibition for adoption of the proposed changes as per section 610F(1) of the Act.

 

Record of Voting

For the Motion: Unanimous

 

FIN084-18         Operational Changes Christmas Period 2018 - 2019 and Public Holidays 2019.

(Report by Executive Manager People and Culture)

Recommendation: Councillor Kastanias and Councillor Grekas

(a)  That the information pertaining to the operational hours for Council services and facilities over the Christmas/New Year holiday period, as detailed in the Attachment 1, which will provide an appropriate level of service to the Georges River community during the 2018/2019 festive period, be received and noted.

(b)  That the information pertaining to the opening of Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019, be received and noted.

(c)   That suitable notification is provided to the community of the operational hours for Council services and facilities during the 2018/2019 festive period as well as operational hours for the opening of Hurstville and Kogarah Libraries on the Australia Day, Easter Monday, June and October Public Holidays in 2019.

 

Record of Voting:

For the Motion: Unanimous

 

Consideration of Business in Closed Session

Recommendation: Councillor Elmir and Councillor Agius

 

At this stage of the meeting the Chairperson advised that the meeting would move into closed session to allow consideration of information in accordance with Section 10A of the Local Government Act 1993. Accordingly, members of the press and public are excluded from the closed session and access to the correspondence and reports relating to the items considered during the course of the closed session will be withheld.

 

The Chair, Councillor Badalati, asked the Director Business and Corporate Services if any representations had been received from the public that the item should not be discussed in closed session.

 

The Director Business and Corporate Services replied that no representations had been received to the item in closed session.

 

The Chair, Councillor Badalati, asked if there were any members of the public who would like to speak on the reasons Council proposes to consider the items in closed session, there were none.

 

This action was taken to allow discussion of the following item:

 

FIN085-18         Property Matter - Sans Souci Bathers Pavilion

(Report by Head of Strategic Property)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A (2)(d)(i) it is considered the matter concerns commercial information of a confidential nature that would if disclosed prejudice the position of a person who supplied it.

 

In accordance with Section 10D it is considered that if the matter were discussed in an open session, it would on balance be contrary to the public interest as it deals with confidential information of a commercial nature that would if disclosed prejudice the position of the person who supplied it.

 

Record of Voting:

For the Motion: Unanimous

 

  

 

FIN085-18                   Property Matter - Sans Souci Bathers Pavilion

                          (Report by Head of Strategic Property)

Recommendation: Councillor Kastanias and Councillor Agius

 

That the report Property Matter – Sans Souci Bathers Pavilion be received and noted.

 

Record of Voting:

For the Motion: Unanimous

 

Note: Councillor Liu left the meeting at 6.31pm.

 

Open Session

Recommendation: Councillor Elmir and Councillor Kastanias

 

That the meeting revert to Open Session.

 

Record of Voting:

For the Motion: Unanimous

 

Consideration of Recommendations from Closed Session

Recommendation: Councillor Tegg and Councillor Symington

 

That the recommendations of the Closed Session be adopted.

 

Record of Voting:

For the Motion: Unanimous

 

 

 

File Reference

D18/151598

 

ATTACHMENTS

Attachment 1

Finance and Governance Minutes - 8 October 2018

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL058-18             Report of the Finance and Governance Committee - Meeting held on 8 October 2018

[Appendix 1]          Finance and Governance Minutes - 8 October 2018

 

 

Page 14

 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 18

Item:                   CCL059-18        Record of the Community and Culture Committee - Meeting held on 8 October 2018 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Committee recommendations for items COM038-18 - COM042-18, detailed below, be adopted by Council.

 

 

COM038-18       Major Events Advisory Committee - Community Representatives

(Report by Coordinator Events and Sponsorships)

Recommendation: Councillor Wu and Councillor Landsberry

That the matter be deferred for consideration at the next Council Meeting.

 

Record of Voting:

For the Motion: Unanimous

 

COM039-18       Sponsorship and Donation Requests

(Report by PA to Manager Communications, Customer Service and Events)

Recommendation: Councillor Landsberry and Councillor Payor

That Council approve the sponsorship request of $3,594 ($3,000 financial support and $594 of in-kind support) for the Potter’s House Christian Church Christmas Carols to be held on Saturday 22 December 2018, at Olds Park, Penshurst.

 

Record of Voting:

For the Motion: Unanimous

 

COM040-18       Investigation of a Georges River Council Business Awards Event

(Report by Coordinator, Events and Sponsorship)

Recommendation: Councillor Wu and Councillor Landsberry

(a)     That Council continue its major sponsorship of the St George Local Business Awards to     the value of $10,000.

(b)     That Council collaborates with Precedent Productions in the investigation of a suitable       venue within the St George region for the St George and Sutherland    Shire Leader event:   the St George Local Business Awards.

 

Record of Voting:

For the Motion: Unanimous

 

COM041-18       Establishment and Expansion of Alcohol Free Zones

(Report by Multicultural and Indigenous Development Officer)

Recommendation: Councillor Landsberry and Councillor Wu

That Council endorses the establishment of a new Alcohol Free Zone at Mortdale Shopping Centre and the expansion of the existing Alcohol Free Zones at Hurstville CBD, Oatley Shopping Centre and Penshurst Shopping Centre until 28 August 2022, in accordance with sections 644, 644A and 644B of the Local Government Act 1993, as show in Attachments 1, 2, 3 and 4 to this report.

 

Record of Voting:

For the Motion: Unanimous

 

COM042-18       Major Events Advisory Committee Meeting Minutes - 10 September 2018

(Report by PA to Manager Communications, Customer Service and Events)

Recommendation: Councillor Wu and Councillor Landsberry

That Council adopts the recommendations contained within the Minutes of the Major Events Advisory Committee meeting held on Monday 10 September 2018.

 

Record of Voting:

For the Motion: Unanimous

 

 

File Reference

D18/151644

 

 

 

ATTACHMENTS

Attachment 1

Community and Culture Minutes - 8 October 2018

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL059-18             Record of the Community and Culture Committee - Meeting held on 8 October 2018

[Appendix 1]          Community and Culture Minutes - 8 October 2018

 

 

Page 20

 


 


 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 23

Item:                   CCL060-18        Report of the Assets and Infrastructure Committee - Meeting held on 8 October 2018 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Committee recommendations for items ASS047-18 – ASS048-18, detailed below, be adopted by Council.

 

 

ASS047-18        Tender for the Design, Construction and Installation of Drainage and Irrigation at Oatley Park Oval - Department of Planning and Environment Open Space and Parklands Program Grant and s94Funds

(Report by Manager Project Delivery)

Recommendation:  Councillor Tegg and Councillor Elmir

 

(a)     That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW) accepts the Tender from Neverstop Irrigation Pty Ltd, in the amount of $196,976.36 (excluding GST), after having regard to all the circumstances, as the Tender that appears to be the most advantageous and appoint Neverstop Irrigation Pty Ltd as the Principal Contractor under Contract Number T18/041 Tender for Design, Construction and Installation of Drainage and Irrigation at Oatley Park Oval.

(b)     That the General Manager be authorised to sign the Contracts with the preferred Contractors on behalf of Council.

(c)     That Council officers inform the unsuccessful Tenderers of the resolution to decline to accept those Tenders.

 

Record of Voting:

For the Motion: Unanimous

 

 

ASS048-18        Georges River Traffic Advisory Committee Meeting - 2 October 2018

(Report by Coordinator Traffic & Transport)

Recommendation:  Councillor Symington and Councillor Konjarski

That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meeting held on 2 October 2018 be adopted by Council.

 

Record of Voting:

For the Motion: Unanimous

 

 

 

File Reference

D18/151581

 

 

 

ATTACHMENTS

Attachment 1

Assets and Infrastructure Minutes - 8 October 2018

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL060-18             Report of the Assets and Infrastructure Committee - Meeting held on 8 October 2018

[Appendix 1]          Assets and Infrastructure Minutes - 8 October 2018

 

 

Page 25

 


 

 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 27

Finance and Governance

Item:                   CCL061-18        2017/18 Annual Financial Statements 

Author:              Acting Chief Financial Officer

Directorate:      Business and Corporate Services

Matter Type:     Finance and Governance

 

 

 

Recommendation

(a) That in accordance with clause 215 of the Local Government (General) Regulation 2005 and Section 413(2)(c) of the Local Government Act (NSW) 1993 (Act), it is the opinion of Council that:

 

a.   The General Purpose Financial Statements of the Council for the year ended 30 June 2018 have been drawn up in accordance with:

i. the Local Government Act 1993 and the Regulations

ii.  the Local Government Code of Accounting Practice and Asset Accounting Manual

iii. the Australian Accounting Standards.

b.   The reports present fairly the Council's financial position and operating result for the year.

c.   The reports are in accord with the Council's accounting and other records.

d.   The Council is unaware of anything that would make the financial reports false or misleading in any way.

 

(b) That in accordance with clause 215 of the Local Government (General) Regulation 2005 and Section 413(2)(c) of the Act, Council authorises the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to sign Council’s General Purpose Financial Statements  for the year ended 30 June 2018.

 

(c)  That in accordance with Section 418(1)(a) of the Act, Council will present the Council’s audited financial reports, together with the auditor’s report for the year ended 30 June 2018 at a Meeting of Council to be held on 26 November 2018 and public notice be given in accordance with Section 418(1)(b), 418(2) & (3) of the Act.

 

(d) That Council’s audited financial reports, together with the auditor’s reports are placed on public exhibition as per Section 418(4) of the Act and the necessary notice in the required form be published on Council’s website and in the local newspapers and any such submissions are dealt with as per Section 420 of the Act.

 

(e) That Council delegate to the General Manager the authority to authorise the year end accounts for issue immediately upon receipt of the auditor’s report, a copy of the audited financial reports and auditor’s report to the Office of Local Government, subject to there being no material audit changes or audit issues, in accordance with AASB 110.

 

(f)  That the General Manager be delegated authority to make formatting and minor editorial adjustments to the Financial Statements. 

 

 


Executive Summary

1.      For the General Purpose Financial Statements  to be deemed acceptable for the external auditor’s sign off and submission to the Office of Local Government, the Local Government (NSW) 1993 (Act) requires a statement by resolution of Council and that statement to be signed by signatories of Council. This report seeks Council's approval to sign the statement and submit the statements to the Office of Local Government and Council’s external auditors.

 

Background

2.      The Act and the regulations outline the process for the preparation of a council’s annual financial reports. Requirements include: 

a.   A Council must prepare financial reports for each year, and must refer them for audit as soon as practicable after the end of that year (Section 413).

b.   That by resolution of Council, a statement is provided on Council’s opinion on the financial reports and signed by the Mayor; at least one other member of Council; General Manager and Responsible Accounting Officer.  (Section 413 (2)(c) and Clause 215 of the regulations).

c.   Council's financial reports for a year must be prepared and audited within 4 months after the end of that year (Section 416).

d.   Within 4 months after the end of that year, Council submits the auditors reports and audited financial reports to the Office of Local Government (Section 417).

e.   As soon as practicable after Council receives a copy of the Auditor’s report, the reports must be placed on public exhibition and notice given of a meeting at which Council proposes to present its audited financial reports together with the auditor’s report (Section 418).

         

3.      In order to facilitate the public notice, meeting and submission process, it is considered appropriate that Council delegate to the General Manager authority, upon receipt of the auditor’s report, to:

a.   Arrange for the public notice of this meeting, in the required format, to be placed on Council’s website and in the local newspapers advising of the meeting at which the auditor’s reports will be presented.

b.   Arrange for the Council’s audited financial reports and a copy of the auditor’s reports to be made available for public inspection on Council’s website and at the Council’s Customer Service Centres.

c.   List the audited financial reports and auditor’s reports on the agenda for the Council Meeting to be held on 26 November 2018 for presentation to the public, which allows for public notice of at least 7 days and submissions.

 

4.      Council’s General Purpose Financial Statements for the year ended 30 June 2018 were presented to Council’s Audit, Risk and Improvement Committee (ARIC) on the 24 October 2018.

 

5.      Attached to this report are the unsigned General Purpose Financial Statements of Council for the year ended 30 June 2018.

 

 Financial Implications

6.   No budget impact as a result of this report.

 

Risk Implications

7.   No risks identified.

 

Community Engagement

8.   Community engagement will be conducted as per Section 418 and 420 of the Act.

 

File Reference

D18/227370

 

ATTACHMENTS

Attachment 1

Unsigned Financial Statements for the year ended 30 June 2018

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 30

 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 37

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 38

 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 43

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 44

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 64

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 65

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 94

 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 100

 


 


 


 


 


 


 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 108

 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 110

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 111

 


 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL061-18             2017/18 Annual Financial Statements

[Appendix 1]          Unsigned Financial Statements for the year ended 30 June 2018

 

 

Page 113

 


 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 115

Item:                   CCL062-18        Audit, Risk and Improvement Committee Chairperson's Annual Report 2018 

Author:              Internal Auditor

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

 

Recommendation:

That the Annual Report to Council of the Audit, Risk and Improvement Committee and Internal Audit be received and noted.

 

 

Executive Summary

1.      The purpose of this report is tabled under Clause 5.1 of the Audit, Risk & Improvement Committee Charter which requires that:

The Committee through the Chairperson shall submit and present on an annual basis, a formal report to Council outlining the Committee’s major achievements, issues identified and other relevant matters, to a closed session of a Council meeting.

2.      As the Committee’s achievements are closely linked to the Internal Audit activities, it is appropriate that both are recounted in the same report.

3.      The report includes the following matters:

 

·        Details of meetings held during the year;

·        Achievements of the Committee to discharge its functions and responsibilities  during  the  year;

·        A summary of the Committee’s assessment of its primary responsibilities;

·        A summary of key issues the Committee dealt with during the year;

·        The Internal Audit Plan and audits conducted;

·        Other audit activities undertaken; and

·        Future requirements affecting the Internal Audit function and Audit, Risk and Improvement Committee.

 

4.      The report will be provided to the Council under separate cover.

 

Background

5.      The Audit, Risk and Improvement Committee of Georges River Council commenced with its current independent committee membership in October 2016, replacing the former Audit and Risk Management Committee. The Committee appointed three (3) independent members:

 

·        Mr John Gordon (Chair elect)

·        Ms Elizabeth Gavey

·        Mr Stephen Horne

 

The intention of establishing the Committee in this format was to reflect the new Local Government (Planning and Governance) Amendment Act 2016 which mandates the requirement for an Audit, Risk and Improvement Committee and specifies their responsibilities. While the legislation does not take effect until 2021, Georges River Council took a proactive position to further support a sound governance framework and to provide greater assurance around Council’s activities.

 

6.      The Committee operates under the Audit, Risk and Improvement Committee Charter which was adopted by Council on 1 May 2017, including the new legislative responsibilities. It Charter contains a number of administrative requirements but also establishes the main responsibilities of the Committee into broad categories.

 

7.      In October 2017, two councillors were appointed to the Committee. These are:

 

·        Councillor Christina Wu

·        Councillor Warren Tegg

 

8.      Concurrently, with the merger of the former Hurstville and Kogarah Council’s into Georges River Council, a position of Internal Auditor was allotted in the new organisational structure. This position is aimed at supporting the Audit, Risk and Improvement Committee and providing a systematic, disciplined approach to evaluating and improving council operations by way of a executing a risk-based Audit Plan and in the provision of advice.

 

Financial Implications

9.      Within budget allocation.

 

File Reference

D18/233099

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 117

Item:                   CCL063-18        Tabling of Section 449 Disclosure of Interest Returns 

Author:              Manager Governance and Risk

Directorate:      Business and Corporate Services

Matter Type:     Finance and Governance

 

 

 

Recommendation

(a)     That Council receive and note the report regarding the tabling of Section 449 Disclosure of Interest Returns for Councillors and designated persons (staff).

(b)     That Council adopt the standard of the soon to be prescribed Model Code of Conduct that availability of Section 449 Disclosure of Interest Returns for Councillors and staff as designated persons, be consistent with the requirement of the Government Information (Public Access) (GIPA) Act, the GIPA Regulation and any guidelines issued by the Information Commissioner; therefore publication on Council’s website of Councillor Returns should be voluntary, and expressed in writing to the General Manager.

 

 

Executive Summary

1.      The Local Government Act 1993 (the Act) requires Councillors and designated persons to lodge Disclosure of Interest Returns (Returns) in accordance with section 449 of the Act. 

2.      Section 450A of the Act requires the General Manager to keep a Register of Returns and to table Returns at the first Council meeting after the last date for lodgement.

3.      Additionally, this report confirms the method of availability of Councillor and designated person Returns to the public, and makes recommendations for adopting a consistent approach for public access to written disclosure of interest returns made by members of Local Planning Panels, Regional Planning Panels and Sydney Planning Panels.

Background

Annual Returns

4.      In accordance with section 449(3) of the Act, a Councillor or designated person holding that position at 30 June in any year, must lodge a Return with the General Manager within three months after that date.

5.      Under section 450(2)(b) of the Act, Returns for the period ending 30 June 2018 must be tabled at the first Council meeting held after the last day of lodgement.

6.      All Returns for Councillors and designated persons holding that position as at 30 June 2018 were received by 30 September 2018 and are tabled accordingly.

Returns of newly appointed designated persons

7.      Additionally, in accordance with section 449(1), a designated person must complete and lodge a Return within 3 months of attaining a position of designated person with Council.

8.      Council is currently establishing a system for completion and tabling of Returns by newly appointed staff, to ensure that they are lodged within an appropriate timeframe in future.  In the interim, it is necessary to table a number of completed Returns for staff who have commenced with Council over the past 12 months. These completed Returns will also be included in the Register of Returns.

 

Availability of Returns

9.      In accordance with Schedule 1 of the GIPA Regulation 2009, the Register of Returns is considered to be open access and must therefore be available for inspection by the public.

10.    At the Council Meeting held on 27 August 2018, a Notice of Motion was considered with regard to the future publishing of Section 449 Register of Returns disclosing the interests of Councillors and designated persons to Council’s website. This resolution was as follows:

(a)  That to increase openness and transparency, Councillors’ Disclosure of Interest forms continue to be published on Council’s website, even though this is not a mandatory requirement of Section 449 of the Local Government Act 1993.

(b)  That in the interests of equity, Disclosure of Interest forms of all Designated Persons, including staff, members of the Local Planning Panel and the Southern Sydney Planning Panel be published on Council’s website.

(c)   That prior to the publishing of the Disclosure of Interest forms in accordance with (b) above, the General Manager provide a report to Council detailing any requirements or considerations in regard to the Privacy and Personal Information Act 1998 and/or any other relevant legislation that may affect publication.

(d)  That Council request the Premier of NSW, the Hon. Gladys Berejiklian MP to follow Georges River Council’s leadership on this matter and, in the interests of transparency and openness, publish the Register of Disclosures of Members of the NSW Parliament on the Parliamentary website on an annual basis. “

11.    In regards to publishing of Returns on Council’s website (points (a) (b) and (c) above) the following information should be noted:

·    On 7 August 2017 Council resolved in the interest of best practice in the areas of transparency, disclosure and public accountability, to make Councillor Returns publicly available on Council’s website. These, in addition to Returns of all designated persons (including staff) are available for public inspection at Council offices;

·    Returns contain personal information in relation to the person completing the Return and may also contain personal information of third parties;

·    A disclosure of personal information may constitute a breach of the Protection Principles under the Privacy and Personal Protection Act 1998 (PIPPA);

·    Due to an inherent conflict between the objectives of the PIPPA and the GIPA Act 2009, the Information Commissioner has produced a Guideline (Guideline 1 – For local councils on the disclosure of information contained in the returns disclosing the interests of councillors and designated persons developed under the GIPA Act).

·    Guideline 1 states “that disclosing the information in returns furthers openness, transparency and accountability in local government.  It also helps to flag potential conflicts of interests that might arise where councillors and other senior staff participate in decisions from which they may derive, or be perceived to derive, personal or financial benefit.  However, the returns contain a significant amount of sensitive, personal information about the person concerned, and about third parties such as family members, business associates and creditors, that people are entitled to protect..……. Consequently, these Guidelines provide that the requirement in Schedule 1 [2](2)(a) of the GIPA Regulation that returns of Councillors and designated persons be released as part of local councils’ open access information should be interpreted as follows:

ü The returns should be made publicly available for inspection free of charge

ü Copies may be made in accordance with the GIPA Regulation Part 2 [4](b)

ü Local councils should note clearly on their website that the returns are available for inspection at council offices during ordinary business hours.

ü Information contained in the returns should not be placed on the website of a Council.”

·    The Office of Local Government has recently advised that the 2018 Model Code of Conduct for local councils in NSW (the Code) has been finalised and will soon be prescribed by the Local Government (General) Regulation 2005. Section 4.27 of the Code advises that information contained in returns is to be made publicly available in accordance with the requirements of the GIPA Act 2009, the GIPA Regulation 2009 and any guidelines issued by the Information Commissioner.

12.    In regards to part (d) of the Council resolution, a letter was sent to the Premier of NSW, the Hon. Gladys Berejiklian MP, requesting that consideration be given to adopt a consistent approach for public access to written disclosure returns made by Local Planning Panels, Regional Planning Panels and Sydney Planning Panels. It should be noted that the 2016/17 Register of Disclosures by Members of the Legislative Assembly at 30 June 2017 is currently published on the NSW Parliament website and it is anticipated the legislative Council will follow suit.

13.    Taking into account the above points, Council should consider adopting the standard in the soon to be prescribed Model Code of Conduct, that availability of s449 Returns of Councillors and Staff be consistent with the requirements of the GIPA Act & Regulation and any guidelines issued by the Information Commissioner.  Therefore, publication on Council’s website of Councillor’s Returns should be voluntary, and expressed in writing to the General Manager.

14.    It should be also noted that the method of disclosure of Returns for members of Local, Regional and Sydney Planning Panels varies between panels. For example, the Code of Conduct for Local Planning Panel members requires that Returns be published on the website used by the panel, however with principal place of residence redacted. Whereas in relation to Returns of members of Sydney South Planning Panel, Returns are maintained by the Planning Panels Secretariat at the NSW Department of Planning and Environment, and the Register of declarations is available for inspection at the secretariat during normal office hours.

Financial Implications

15.    No budget impact as a result of this report.

Risk Implications

16.    No risks were identified as a result of this report.

Community Engagement

17.     N/A

 

File Reference

D18/176689

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 120

Item:                   CCL064-18        Applications Pursuant to Councillor Ward Discretionary Fund Policy  

Author:              Acting Executive Manager, Office of the General Manager

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

 

Recommendation

That the following applications for funding, pursuant to the Councillors Ward Discretionary Fund Policy, be approved:

 

(i)        Application submitted by Councillor Katris on behalf of the Kogarah Storehouse in the amount of $1500.

(ii)       Application submitted by Councillor Grekas on behalf of Hurstville Zagreb Football Club in the amount of $500.

(iii)      Application submitted by Councillor Elmir on behalf of Hurstville Zagreb Football Club in the amount of $500.

(iv)      Application submitted by Councillor Landsberry on behalf of Hurstville Zagreb Football Club in the amount of $500.

(v)       Application submitted by the Mayor, Councillor Greene, on behalf of Lorenzo Rositano in the amount of $1500.

(vi)      Application submitted by Councillor Grekas on behalf of Oatley Flora and Fauna Conservation Society Incorporated in the amount of $750.

(vii)     Application submitted by Councillor Liu for minor capital works - provision of shelter and picnic table at Woodville Park in the amount of $21,500.

(viii)    Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – solar lights at Moore Reserve in the amount of $20,000.

(ix)      Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – bubblers and water stations – Carss Bush Park in the amount of $40,000.

(x)       Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – resurfacing of basketball court, Stuart Park in the amount of $30,000.

(xi)      Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – BBQ – Connells Point Reserve in the amount of $13,000.

(xii)     Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – half court basketball court – Connells Point Reserve in the amount of $30,000.

(xiii)    Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – fairy lights – Oatley Clocktower in the amount of $10,000.

(xiv)    Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – BBQ – the Green, Kyle Bay in the amount of $13,000.

(xv)     Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – new seating – the Green, Kyle Bay in the amount of $3,750.

(xvi)    Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – new seating near basketball court – Stuart Park in the amount of $3,750.

(xvii)   Application submitted by Councillor Grekas, supported by Councillor Elmir and Councillor Landsberry for minor capital works – water station – Oatley (playground, near train station and shops in the amount of $5,000.

 

 

Executive Summary

1.      Council at its meeting of the 28 May 2018 endorsed the Councillor Ward Discretionary Fund Policy (The Fund).

2.      The Policy provides a framework which enables Councillors to provide minor financial support to individuals, community groups or for the provisions of minor capital works within wards which will complement Council’s existing grants, sponsorship and donations framework.

3.      This report includes details of applications which have been assessed against the Funds eligibility criteria and determined to qualify for funding.

 

Background

4.      The Councillor Ward Discretionary Fund Policy stipulates three categories for applications of funds, those by an individual, community group and applications for minor capital works. 

5.      In keeping with ensuring accountability and transparency details have been included below in regards to applications that are now listed for consideration and their demonstrated ability to satisfy the eligibility criteria of the Fund.

6.      In addition to these measures, details of funds awarded are available on Council’s website and are included in Council’s Annual Report as is required in regards to the allocation of funds through section 356 of the Local Government Act.

 

CWF030/18-19

Councillor Katris

Classification of Application

Community Group

Reason for Request

Donation toward their “Make a Difference” Program

Applicants Details

The Kogarah Storehouse is a registered charity – Charitable Fundraising Number CFN/24747 (ABN 83 458 985 477).

Amount of Funds Requested

$1500.00

Declaration of Conflict of Interest

Councillor Katris has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds to The Kogarah Storehouse aligns with Council’s Community Strategic Plan – Pillar 5.3.2

A Harmonious and Proud Community with Strong Social Services and Infrastructure. Develop, support and promote programs and activities that foster social participant and wellbeing of the diverse community, regardless of age, gender, sexual orientation, cultural or religious background.

Community Group

The Kogarah Storehouse is an outreach mission of the Brighton-Kogarah Uniting Church and operates without Government funding, relying on the generous support of dedicated donors, sponsors and friends. It operates with only part-time staff and the essential help of committed volunteers.

Their original vision sums up our purpose: "To be a haven of hope and practical help to people in need in our community".

History of Previous Applications

Successful $4,000 community grant in 2016/2017.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF031/18-19

Councillor Grekas

Classification of Application

Community Group

Reason for Request

Donation towards their 2019 season/competition costs

Applicants Details

Hurstville Zagreb Football Club is a member of the St George Football Association. Hurstville Zagreb Football Club is an Incorporated entity under the Associations Incorporation Act, 1991. They have been registered with Fair Trading NSW as an Incorporated body since November 2003 (Incorporation no.988025 and ABN 51 329 641 580).

 

Amount of Funds Requested

$500.00

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds to the Hurstville Zagreb Football Club aligns with Council’s Community Strategic Plan – Pillar 5.3.2 A Harmonious and Proud Community with Strong Social Services and Infrastructure. Develop, support and promote programs and activities that foster social participant and wellbeing of the diverse community, regardless of age, gender, sexual orientation, cultural or religious background.

Council support of the Hurstville Zabreb Football Club affords Council the opportunity to demonstrate to the community that we actively support activities which contribute positively to the community.

Community Group

The Hurstville Zagreb Football Club was formed in November 1970 to bring together young Croatian families in and around the St George district of Sydney to play football.

They currently have three teams playing in the NSW State League Division 1 competition and 18 teams (juniors and seniors) playing in the St George Football Association.

The Junior and Senior teams are based at Carss Bush Park.

History of Previous Applications

There have been no previous applications.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF032/18-19

Councillor Elmir

Classification of Application

Community Group

Reason for Request

Donation towards their 2019 season/competition costs

Applicants Details

Hurstville Zagreb Football Club is a member of the St George Football Association. Hurstville Zagreb Football Club is an Incorporated entity under the Associations Incorporation Act, 1991. They have been registered with Fair Trading NSW as an Incorporated body since November 2003 (Incorporation no.988025 and ABN 51 329 641 580).

 

Amount of Funds Requested

$500.00

Declaration of Conflict of Interest

Councillor Elmir has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds to the Hurstville Zagreb Football Club aligns with Council’s Community Strategic Plan – Pillar 5.3.2 A Harmonious and Proud Community with Strong Social Services and Infrastructure. Develop, support and promote programs and activities that foster social participant and wellbeing of the diverse community, regardless of age, gender, sexual orientation, cultural or religious background.

Council support of the Hurstville Zagreb Football Club affords Council the opportunity to demonstrate to the community that we actively support activities which contribute positively to the community.

Community Group

The Hurstville Zagreb Football Club was formed in November 1970 to bring together young Croatian families in and around the St George district of Sydney to play football.

They currently have three teams playing in the NSW State League Division 1 competition and 18 teams (juniors and seniors) playing in the St George Football Association.

The Junior and Senior teams are based at Carss Bush Park.

History of Previous Applications

There has been no previous applications.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF033/18-19

Councillor Landsberry

Classification of Application

Community Group

Reason for Request

Donation towards their 2019 season/competition costs

Applicants Details

Hurstville Zagreb Football Club is a member of the St George Football Association. Hurstville Zagreb Football Club is an Incorporated entity under the Associations Incorporation Act, 1991. They have been registered with Fair Trading NSW as an Incorporated body since November 2003 (Incorporation no.988025 and ABN 51 329 641 580).

 

Amount of Funds Requested

$500.00

Declaration of Conflict of Interest

Councillor Landsberry has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds to the Hurstville Zagreb Football Club aligns with Council’s Community Strategic Plan – Pillar 5.3.2 A Harmonious and Proud Community with Strong Social Services and Infrastructure. Develop, support and promote programs and activities that foster social participant and wellbeing of the diverse community, regardless of age, gender, sexual orientation, cultural or religious background.

Council support of the Hurstville Zagreb Football Club affords Council the opportunity to demonstrate to the community that we actively support activities which contribute positively to the community.

Community Group

The Hurstville Zagreb Football Club was formed in November 1970 to bring together young Croatian families in and around the St George district of Sydney to play football.

They currently have three teams playing in the NSW State League Division 1 competition and 18 teams (juniors and seniors) playing in the St George Football Association.

The Junior and Senior teams are based at Carss Bush Park.

History of Previous Applications

There has been no previous applications.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

 

CWF034/18-19

The Mayor, Councillor Greene

Classification of Application

Individual 

Reason for Request

Provision of video/documentary of Georges River Council production of La Bohéme for inclusion on Council’s website and Community events.

 

On Friday 19 October 2018 Council and Western Sydney Opera presented a free community event held at Hurstville Entertainment Centre “La Bohéme”.

 

Applicants Details

Lorenzo Rositano

Amount of Funds Requested

$1500.00

Declaration of Conflict of Interest

The Mayor, Councillor Greene has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds in support of the production of La Boheme aligns with Council’s Community Strategic Plan – Pillar 5.1.1.

 

Initiate, facilitate and support inclusive and accessible events that meet the community’s aspirations and actively connect Council to individuals, community groups and businesses.

 

Pillar 5.4.4 (1) Encourage and promote the arts through Councils cultural facilities including Hurstville Museum and Gallery, Hurstville Entertainment Centre and Carss Park Artists College.

 

Individuals Details

Lorenzo Rositano completed his operatic studies at the Sydney Conservatorium of Music in 2012.  Lorenzo has professional experience in Opera, Operetta, Oratorio and Recital.  Lorenzo was a soloist for four consecutive years and appeared on the ABC each year in the Schools Spectacular.  Lorenzo has been a recipient of numerous scholarships, including the Doctor H Greenberg Scholarship, the Hon John Brown Sports and Tourism Youth Foundation and Margaret Henderson Scholarships as well as the Helpmann Family Fellowship.  Lorenzo claimed national headlines in 2006 when he was selected by the Australian Olympic Committee to perform the Australian national anthem at the Winter Olympic Games in Turin, Italy.

History of Previous Applications

There have been no previous applications.

Conformity to the Councillor Ward Discretionary Fund Policy

The application meets the Policy criteria to be considered by Council. 

 

CWF035/18-19

Councillor Grekas

Classification of Application

Community Group

Reason for Request

Donation towards a tree planting program in Moore Reserve, Hurstville

Applicants Details

Oatley Flora and Fauna Conservation Society is an Incorporated entity under the Associations Incorporation Act, 1991. They have been registered with Fair Trading NSW as an Incorporated body since July 1990. (Incorporation no.Y1060948 and ABN 86 511 271 725).

 

Amount of Funds Requested

$750.00

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

The provision of funds to the Oatley Flora and Fauna Conservation Society aligns with Council’s Community Strategic Plan – Pillar 1.1.4 A Protected Environment And Green Open Spaces. Develop and implement programs to protect and conserve the natural environment.

Council support of the Oatley Flora and Fauna Conservation Society affords Council the opportunity to demonstrate to the community that we actively support activities which contribute positively to the community.

Community Group

Oatley Flora and Fauna Society were formed in 1955 by local residents concerned about the vandalism of flora and fauna in Oatley Park.

Over the years the area of interest has expanded and the primary aims of the Society are to stimulate interest in Australian flora and fauna; foster an understanding of the need to conserve natural environment, actively improve the environment with different programs like tree planting and cooperate with other organisations in protecting the environment.  

History of Previous Applications

A $6,404 Community Grant was made to the Oatley Flora and Fauna Conservation Society in the 2016/17 period.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

Minor Capital Works Applications

 

CWF036/18-19

Councillor Liu

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Provision of Shelter and Picnic Table at Woodville Park

Amount of Funds Requested

$21,500

Declaration of Conflict of Interest

Councillor Liu has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

 

 

CWF037/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Solar lights – Moore Reserve

Amount of Funds Requested

$20,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF038/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Bubblers and Water Stations – Carss Bush Park

Amount of Funds Requested

$40,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF039/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Resurfacing of Basketball court Stuart Park

Amount of Funds Requested

$30,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF040/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

BBQ – Connells Point Reserve

Amount of Funds Requested

$13,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF041/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Half court basketball court – Connells Point Reserve

Amount of Funds Requested

$30,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF042/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Fairy Lights – Oatley Clocktower

Amount of Funds Requested

$10,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to public domain and streetscape improvements.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF043/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

BBQ – The Green, Kyle Bay

Amount of Funds Requested

$13,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF044/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

New seating – The Green, Kyle Bay

Amount of Funds Requested

$3,750

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF045/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

New seating near basketball court – Stuart Park

Amount of Funds Requested

$3,750

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

CWF046/18-19

Councillor Grekas

Names of Councillor in support of Ward Funding:

Councillor Elmir and Councillor Landsberry

Classification of Application

Minor Capital Works

Name of project/purpose of funding

Water Station – Oatley (playground near train station and shops)

Amount of Funds Requested

$5,000

Declaration of Conflict of Interest

Councillor Grekas has signed a declaration advising that there is no conflict of interest.

Eligibility Criteria

To be eligible for funding, works are to be of a minor capital nature and are to be assessed by the director Assets and Infrastructure for determination of eligibility, taking into consideration Council’s existing and future Capital Works Program, details of which will be included in a report to Council for consideration of funding.

 

The Director Assets and Infrastructure has advised that the application is consistent with Council’s future Capital Works Program in regards to open space and recreational facilities.

Conformity to the Councillor Ward Fund Discretionary Fund Policy

This application meets the Policy criteria to be considered by Council.

 

 

7.      Funds of $1,000,000 consisting of $150,000 of non-capital funds and $850,000 of capital funds have been allocated in the 2018/19 Budget.

 

Non Capital Funds ($10,000/Councillor)

Funds Allocated to end September 2018

Balance

The Mayor Councillor Greene

$1,000.00

$9,000.00

Deputy Mayor, Councillor Elmir

$1,000.00

$9,000.00

Councillor Agius

$1,500.00

$8,500.00

Councillor Badalati

$4,500.00

$5,500.00

Councillor Elmir

$1,000.00

$9,000.00

Councillor Grekas

$4,100.00

$5,900.00

Councillor Hindi

Nil

 

Councillor Katris

$3,000.00

$7,000.00

Councillor Kastanias

$4,000.00

$6,000.00

Councillor Konjarski

$1,500.00

$8,500.00

Councillor Landsberry

$2,500.00

$7,500.00

Councillor Liu

$1,500.00

$8,500.00

Councillor Payor

Nil

 

Councillor Symington

$4,000.00

$6,000.00

Councillor Tegg

Nil

 

Councillor Wu

Nil

 

 

 

 

Capital Funds ($170,000 per Ward)

Funds Allocated

Balance

Blakehurst Ward

Nil

$170,000.00

Hurstville Ward

$148,500.00

$21,500

Kogarah Ward

Nil

$170,000.00

Mortdale Ward

Nil

$170,000.00

Peakhurst Ward

Nil

$170,000.00

 

Risk Implications

8.      The Enterprise Risk Management Strategy contains two relevant actions in regards to the provision of an open, accessible and transparent decision making and meeting process.  The adopted process for the allocation of funds through the Councillor Ward Discretionary Fund Policy is one of many strategies that have been implemented to ensure that these actions are achieved.  

Community Engagement

9.      Community engagement regarding the allocation of funds $1,000,000 consisting of $150,000 of non-capital funds and $850,000 of capital funds allocated in the Draft 2018/19 Budget was undertaken as part of the 2018/19 budget process.

 

 

File Reference

D18/174786

 

 

 

ATTACHMENTS

Attachment 1

Ward Fund Applications - October Council Meeting

 


Georges River Council - Ordinary Meeting - Monday, 29 October 2018

CCL064-18             Applications Pursuant to Councillor Ward Discretionary Fund Policy

[Appendix 1]          Ward Fund Applications - October Council Meeting

 

 

Page 134

 

 

 

CWF030/18-19

 


 

 

 

 

CWF031/18-19

 


 

 

 

 

CWF032/18-19

 


 

 

 

CWF033/18-19

 


 

 

 

CWF034/18-19

 


 

 

 

 

 

 

 

 

CWF035/18-19

 

 

 


 

 

 

 

 

CWF036-18/19

 


 

 

 

CWF037/18-19

 


 

 

 

CWF038/18-19

 


 

 

 

CWF039/18-19

 


 

 

 

CWF040/18-19

 


 

 

 

CWF041/18/19

 


 

 

 

CWF042/18-19

 


 

 

 

CWF043/18-19

 


 

 

 

 

 

CWF044/18-19

 


 

 

 

 

 

CWF045/18-19

 


 

 

 

CWF046/18-19

 

 


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 151

Community and Culture

Item:                   CCL065-18        Major Events Advisory Committee - Community Representatives 

Author:              Coordinator Events and Sponsorships

Directorate:      Community and Culture

Matter Type:     Community and Culture

 

 

 

Recommendation

(a)     That Council considers the Expressions of Interest received from those persons wishing to be considered as community representatives on the Major Events Advisory Committee.

(b)     That Council appoints three members to the Committee from the Expressions of Interest received, as summarised within this report.

 

 

Executive Summary

1.      This report informs Council that the Expressions of Interest for the Major Events Advisory Committee (MEAC) closed on 23 April 2018 with sixteen applications for membership being received by Council.

2.      A summary of the applicants based on the criteria set out in the Expressions of Interest documentation was provided (confidentially) to the Community and Culture Standing Committee on 14 May 2018.

3.      At the Council meeting on 28 May 2018 it was adopted that consideration of the report regarding the Major Events Advisory Committee – Community Representatives be deferred to the Council Meeting scheduled for 25 June 2018.

4.      At the Council meeting on 25 June 2018 Council resolved to postpone consideration of the Major Events Advisory Committee (MEAC) Expressions of Interest (EOI) from Community Representatives until such time as Councillor membership to the Committee is renewed and that Council reinstates the three former 2017-2018 Community Representatives on the Major Events Advisory Committee until such time as the Councillor membership is renewed in 2018.

5.      At the Council meeting on 24 September 2018, Councillor membership for all Standing Committees and Advisory Committees were renewed.

 

Background 

6.      At the Council meeting on 23 October 2017, it was resolved that Mr Dominic Sin, Ms Annie Tang and Mr David Dawson were to be urgently appointed as Community Representatives on the MEAC in order to immediately advise on the planning and delivery of Council’s major events:

NM003-17          Notice of Motion 3: Membership of Major Events Advisory Committee

Resolved:         Councillor Wu and Councillor Hindi

a)   That Council increase the Councillor membership of the Major Events Advisory Committee from four Councillors to five and include Councillor Vince Badalati as the fifth Councillor, and the Terms of Reference for the Major Events Advisory Committee be updated to reflect this change;

b)   That Council endorse the urgent and direct appointment of three experienced community members in order to obtain immediate community input and feedback on the planning and delivery of Council’s major community events (Magic of Christmas in Carss Bush Park, Australia Day Festival and Lunar New Year Festival) for the upcoming peak events period of November 2017 – March 2018 and that those community members be Mr Dominic Sin, Ms Annie Tang and Mr David Dawson; and

c)   That the appointment of the three community members be a temporary appointment only until 31 March 2018, after which time the usual publicly advertised Expression of Interest process will occur to seek new community members for appointment to the Advisory Committee.

 

7.      As per resolution (c) of the above Motion, the Expression of Interest (EOI) process to seek three new community members for the MEAC commenced at the end of March 2018.

8.      Consistent with the EOI process for other Council Committees seeking community representatives, the EOI process required candidates to respond to set criteria regarding their suitability for the MEAC.

9.      At the Council meeting on 24 September 2018 Council resolved to adopted minor changes to the Major Events Advisory Committee Terms of Reference and to appoint Councillor membership to the committee.

 

Expressions of Interest received

10.    A summary of applicants was presented to the Community and Culture Standing Committee on 14 May 2018.  Sixteen EOIs were received across the following four industry categories: Events, Hospitality, Finance and Community Development.

11.    A full analysis of applicants in regards to their qualifications, skills, experience and suitability has been undertaken and has been provided under separate cover to Councillors.

12.    In summary the following Expressions of Interest were received:

1.      Mr John Perkins – Secretary Oatley Lions

2.      Ms Annie Siu Wing Tang – former MEAC Community Representative and former Councillor

3.      Mr Man Hang Bosco Chang – Executive Officer CASS

4.      Mrs Maree Gunn – Community Development Officer, 3Bridges

5.      Mr Dominic Sin – Proprietor Conveyancing firm, former MEAC Community 

representative and former Councillor

6.      Ms Yu Feng Wu – Business Owner (local seafood restaurants)

7.      Mr Allan Zreik – President St George Business Chamber and Member of Georges   

River Council Economic Advisory Committee

8.      Ms Megan Barker – Business Owner (local florist)

9.      Mr David Dawson – former MEAC Community Representative, Kogarah Electorate Office (Chris Minns MP) representative on local traffic committee

10.    Mr Divesh Narayan – Multicultural Services Officer Department of Financial Services

11.    Ms Cathy Nisbet – Community Development Officer and Project Manager, Kogarah

12.    Ms Kellie Stout – Not stated

13.    Mr Jian Zhou – Electoral Officer and Community Relations Officer – Kogarah

Electorate Office (Chris Minns MP)

14.    Mrs Susan Szalay – Journalist, 2GB

15.    Ms Kate Young – Executive Officer, St George Community Transport

16.    Ms Amanda Wyer – Community Liaison Officer, Blakehurst Aged Care

 

Financial Implications

13.    No budget impact for this report.

 

Community Engagement

14.    Community engagement was conducted by writing to the existing community representatives, members of the Community and Culture Reference Groups, advertising for Expressions of Interest on Council’s column in the St George and Sutherland Shire Leader which appeared on 28 March 2018 and 10 April 2018, and via Council’s website.

15.    Community members were advised after the 28 May 2018 Council meeting that the outcome had been deferred.

 

 

File Reference

D18/103779

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 154

Notices of Motion

 

Item:          NM091-18          Membership of the Major Events Advisory Committee

Councillor:       Councillor Kastanias 

 

MOTION:

 

That Council endorse the inclusion of Councillor Rita Kastanias on the Major Events Advisory Committee.

 

 

Financial Implications

No budget impact for this report.

 

File Reference

D18/222708

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 155

Item:          NM092-18          Request Separate Postcodes for Peakhurst, Riverwood and Lugarno

Councillor:       Councillor Kastanias 

 

MOTION:

That Council write to the Hon David Coleman MP, seeking his support in requesting Australia Post review the postcodes of Peakhurst, Riverwood and Lugarno with a view to moving towards allocating individual postcodes for each suburb.

 

 

 

Financial Implications

No budget impact for this report.

 

 

File Reference

D18/231698

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 156

Item:          NM093-18          Increasing Transparency and Accountability for Council Funded Entities

Councillor:       Councillor Konjarski 

 

MOTION:

 

(a) That the GM prepare a report to the November 2018 meeting of the Finance and Governance Committee which details the operational procedures and processes that can be established to ensure that local entities provide a sufficiently transparent account of expenditure of public monies.

 

(b) That the report address the following matters:

 

(i)   That all entities in the Georges River LGA that receive Council funding or subsidies be required to provide Council with an audited set of financial statements during any year in which they receive such funding or subsidies;

(ii)  That the requirement only apply to entities that receive Council community grant funding, venue hire grants, rental subsidies, heritage grants, event sponsorship or donations totalling $15,000 or more in any financial year and excludes legislated funding and memberships such as SES funding;

(iii) That the audited financial statements be required to be submitted by 1 September each year;

(iv) The preparation of a standard template/guidelines for use by local entities which details the minimum level of information to be audited and provided to Council;

(v)  The reporting of the submitted information by the GM to Council on an annual basis, including the extent of expenditure and public benefit arising from the subsidies; and

(vi) Any other relevant operational or procedural matters that will increase transparency and accountability on the reporting on the expenditure of public funds.

 

 

 

Financial Implications

No budget impact for this report.

 

 

File Reference

D18/232071

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 157

Item:          NM094-18          Small Cell Installations Throughout Georges River Local Government Area

Councillor:       Councillor Payor 

 

MOTION:

 

(a) That Council note Australia’s radiation safety government body, the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), has referenced reviews identifying that the radiation dosimetry for new and emerging technologies operating at higher frequencies, is still developing and further research is required in examining the health effects of exposure. ARPANSA recommends further research to include investigating potential hazards and the adequacy of the current limits in the Australian Radiofrequency Electromagnetic Energy Standard (June 2017).

 

(b) That Council write to the Federal Minister for Communications, the Member for Cook, and the Member for Banks, requesting that the Australian government immediately impose a moratorium on the installation of any small cell infrastructure in the Georges River local government area until such time as the following matters are satisfactorily addressed:

 

i.             Compliance with the Deployment of Mobile Phone Network Infrastructure C564:2004 (the Code) in regard to community consultation, given that the extent and level of consultation and notification of the proposed installations to date is completely inappropriate and does not comply with the Code. 

  

ii.            That the Telecommunications Act be amended to prevent the installation of any further small cell infrastructure until such time as research has investigated potential hazards, the adequacy of current limits, and any long-term cumulative health effects of exposure to 4G and 5G network operations have been established. 

 

iii.           Provision of a written guarantee from TPG and all other telecommunication providers of the suspension of works to modify 4G small cell infrastructure to enable 5G operations, pending the review of the relevance of recommended research for the health and safety of the population of Australia and the environment.

 

iv.           Amendments be undertaken to the Code to require more thorough community consultation including extensive direct notification to owners and occupiers of all properties within 240m of any proposed new facilities in the future.

                          

(c)  That Council provide a submission to TPG and all other telecommunication providers on behalf of the Georges River community that requests, amongst other things, only installing small cell infrastructure in non-residential and non-sensitive areas, full compliance with applicable industry codes and all relevant planning and telecommunications legislation and policy, and an immediate analysis be undertaken of the potential cumulative health and safety impacts of 4G and 5G electromagnetic energy generated as a consequence of the installations.

 

(d) That Ausgrid (as the owner of the light poles) be requested to decline to provide owner’s consent to the installation of new facilities on its infrastructure until such time as TPG and all other telecommunication providers issue a written guarantee that its infrastructure will not be modified to 5G operations in the future.

 

 

Financial Implications

No budget impact for this report.

 

 

File Reference

D18/235260

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 159

Item:          NM095-18          Jubilee Stadium Masterplan Strategy

Councillor:       Councillor Katris 

 

MOTION:

That the General Manager schedule a Council Workshop to provide Councillors with an update on the progress of the draft Jubilee Stadium Masterplan and the Expression of Interest for Naming Rights. 

 

 

Financial Implications

No budget impact for this report.

 

File Reference

D18/235300

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 160

Item:          NM096-18          Recycling of Film and X-Ray Waste in the Georges River Local Government Area

Councillor:       Councillor Kastanias 

 

MOTION:

 

(a) That Council increase its current x-ray and film recycling service offered through the twice yearly household chemical collection at Mortdale Depot to provide the service at both the Carlton and Mortdale Depots at a minimum of four times per year, with the increased service to be funded from Council’s waste reserve.

 

(b) That the General Manager prepare a report on the commencement of an education campaign to all relevant health ministers, local members (Federal and State) and all health service providers who currently produce x-rays to:

 

(i)   educate all relevant health services on the hazards of disposing of x-rays and films into land fill;

(ii)  encourage in the first instance, that x-ray films be provided in digital copy only with patients only being offered hard copies if they specifically request same; and

(iii) investigate opportunities to advise local residents of the options for recycling x-ray and film through Council’s household chemical collections each year.

 

 

 

Financial Implications

Non-budgeted funds of approximately $100,000 plus chemical disposal price would be required from Council’s Waste Reserve.

 

File Reference

D18/240118

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 161

Questions with Notice

 

Item:                   QWN003-18       849 King Georges Road, South Hurstville 

Author:              Councillor Landsberry

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

Questions relate to an approved development at 849 King Georges Road, South Hurstville being a 4 storey residential flat building, containing 13 units.

By way of background, this development was recommended for refusal by Council officers and the Independent Hearing and Assessment Panel.  However, it was subsequently approved by the Land and Environment Court, following an appeal by the applicant. 

Neighbouring residents remain extremely concerned about the Court’s decision and have asked me to raise questions on their behalf, which follow:

 

1.      Can the Director of Legal Services please provide an explanation to clarify the role of Council’s expert witness in Court proceedings, how such an expert is appointed, their scope and limitations in relation to the proceedings.

 

2.      Please clarify the process that follows when an applicant lodges amended plans during Court proceedings and whether the Court is required to notify the amendments, as per the original application.

 

3.      Please provide a short overview of the section 34 conciliation and agreement process.

 

OFFICER RESPONSE

Question 1

The role of experts in Court proceedings is to assist the Court by providing technical expertise based upon suitable academic qualifications and practical experience. 

Expert witnesses are subject to various Court rules, policies and a Code of Conduct.  Particularly, experts are not to act as advocates for their client (Council). This is a position at law and it is mandated by the Court’s own Practice Directions. This means that experts must give their honest opinion regarding matters within their area of technical expertise. 

Expert witnesses are appointed by Council’s legal team acting on instructions and having regard to the technical issues in dispute in the Court appeal.

Council cannot change expert witnesses if amended plans are submitted and the technical expert(s) have advised that the proposal is worthy of approval.

 

 

Question 2

          An applicant may lodge amended plans throughout Court proceedings at any time. It is a matter for the Court as to whether or not the plans are accepted.

          The Court is not required to notify residents of amendments to plans.

 

Question 3

The Court lists most development appeals for a mandatory conciliation conference pursuant to section 34 of the Land & Environment Court Act.  These are known as s34 conferences.

This is a forum for parties (with the assistance of a Commissioner) to attempt to narrow the issues i dispute and endeavour to reach an agreement, usually through the submission of amended plans and reports by the applicant.

The Court Practice Direction requires Council to provide appropriate delegations to its legal representatives to participate fully in the conciliation.

The s34 conciliation commences on site with residents given the opportunity to express their views about the application. The matter then proceeds into confidential, closed session with only the parties, the experts, the legal representatives and the Court.

The parties may reach agreement if the experts are satisfied that the contentions in the Council’s Statement of Facts and Contentions have been satisfactorily addressed.

If the parties reach agreement, the Commissioner must dispose of the proceedings in accordance with the agreement, provided that the agreement is one that can legally be made by the Court. If no agreement is reached, the conciliation phase of the proceedings will be terminated and the matter will be set down for a contested hearing.

 

 

 

 RECOMMENDATION

That the information be received and noted.

 

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 29 October 2018                                                                           Page 163

Confidential items (Closed Council Meeting)

Council's Code of Meeting Practice allows members of the public present to indicate whether they wish to make representations to the meeting, before it is closed to the public, as to whether that part of the meeting dealing with any or all of the matters listed should or should not be considered in closed session.

 

Recommendation

That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Council Meeting at which the press and public are excluded.

 

CCL005A-18     General Manager's Performance Review

(Report by Executive Manager People and Culture)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (a) it is considered the matter deals with personnel matters concerning particular individuals (other than Councillors).

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it deals with personnel matters concerning particular individuals (other than Councillors).

 

That in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.