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Council Meeting - 6 JUNE 2016

Club Rivers, 32-34 Littleton St, Riverwood 2210

Present

Council Members

Administrator, Mr John Rayner

Council Staff

Interim General Manager, Ms G Connolly

Director Service Delivery, Mr L O’Connor

Director Administration, Mr J Tripp

Acting Director Planning & Development, Ms T Christy

Director Assets and Services, Mr A Sharp

Director Planning and Environmental Services, Mr R Logan

Manager Public Relations & Events, Ms A Gregory-Desmond

General Counsel, Ms J Ware

Acting Manager Governance, Mr T Gearon

Governance Officer, Ms S Camilleri

Opening

The Administrator, Mr J Rayner opened the meeting at 6.05pm.

Acknowledgement of Country

The Administrator acknowledged the traditional custodians of the land, the Biddegal people.

Apologies

There were no apologies.

Disclosure of Interest

There were no disclosures of interest made.

PROCEDURAL MOTION

Minute No. 11

THAT standing orders be suspended to enable registered speakers to address Council.

(Moved by Administrator, Mr J Rayner)

The following registered speakers addressed Council:

· Mr J Cook, against recommendation of the Georges River Council - Overland Flood Study for Hurstville Mortdale and Peakhurst Wards

· Mr B Shaw, in favour of the recommendation of the Georges River Council – Overland Flood Study for Hurstville Mortdale and Peakhurst Wards

· Mr P Mahoney, against recommendation of the Proposed Change of Name for Council

· Ms A Wagstaff, expressed concerns that there was no report on the Audit Committee on the Agenda.

It was noted that the following motion was moved at 6.16pm.

PROCEDURAL MOTION

Minute No. 12

THAT standing orders be resumed.

(Moved by Administrator, Mr J Rayner)

Administrator’s Minutes

2. Code of Meeting Practice

By legislation a Council must have a Code of Meeting Practice to regulate the conduct of Council and Committee Meetings.

The Proclamation of Georges River Council (Schedule 6, Cl8) provides that the Code of Meeting Practice of the former Hurstville City Council is to be the Code of Meeting Practice of the new Council until it is amended or replaced in accordance with the Act.

The Code has now been reviewed to take into account practices of both Councils, the Model Code and best practice of other Councils’ Codes.

It is proposed to adopt a new Code for the Georges River Council.

Changes proposed include:

· Council meetings to conclude by 11.00pm rather than midnight.

· Councillors to be given reasons for the need to call an Extraordinary meeting and given 8 hours to respond, prior to the meeting being called.

· A requirement for the General Manager to consider whether a Notice of Motion has legal, strategic, financial or policy implications and if so, to recommend deferral or include a report to the business paper.

· Notices of Motion may be lodged up to 12 noon on the Wednesday prior to the meeting.

· An act of disorder to include abuse of a member of the public gallery.

· Provisions for censure of a Councillor for misbehaviour and for breach of a Council Code or Policy.

· Further explanation of Pecuniary Interest.

· The introduction of a Forum prior to the commencement of the Council meeting to allow presentations from members of the public. This replaces the provision for residents to speak during debate at a Council meeting.

· A requirement to record meetings of Council and Committee.

As required under Section 361 of the Local Government Act, the draft Code will be placed on exhibition and public submissions invited.

Minute No. 13

1. THAT this Minute be considered in conjunction with Report CCL016-16

2. THAT the Minute be received and noted.

3. THAT the draft Code of Meeting Practice be placed on public exhibition as required under the provisions of Section 361 of the Local Government Act 1993.

4. THAT the public exhibition be brought to the attention of former Councillors of the Hurstville City Council and Kogarah City Council and their submissions be invited.

5. THAT the proposed Code of Meeting Practice be referred to the Implementation Action Committee to obtain input from the Committee.

(Moved by Administrator, Mr J Rayner)

3. Implementation Advisory Committee

The Premier and the Minister for Local Government have proposed that merged Councils establish Committees comprising Councillors from the former Councils to assist in the successful implementation of the new Councils.

The knowledge and experience of the former Councillors can be of value in establishing Georges River Council. Also, there can be a feeling in the community that residents are no longer represented and therefore former Councillors can provide a link between the community and the Administrator.

Whilst there are models for the structure of and role of the new Committee(s), it is up to the Administrator to determine all aspects of their establishment and operation.

Generally I am seeking the assistance of former Councillors through a Committee, to provide:

· Input to assist in the establishment of Georges River Council

· Advice on local views and issues

· Background to matters before the Council/Administrator

· Input to operational plans

· Advice on policies, as requested by the Administrator

· Representation in the community

It is proposed that an Implementation Advisory Committee (IAC) be established comprising an equal number from each of the former Councils. The Charter for the IAC is below.

In addition, there will be other advisory committees where former Councillors can provide ongoing input.

Over the coming weeks the Implementation Advisory Committee membership will be finalised. Members of that Committee must be committed to the success of the merger, constructive and helpful.

The Charter

Implementation Advisory Committee – Terms of Reference

Name

The name of the committee is the Georges River Implementation Advisory Committee (GRIAC).

Purpose

The purpose of the GRIAC is to provide input to the Council and the Administrator on local views and issues. This includes:

Input to assist in the establishment of Georges River Council
Advice on local views and issues
Background to matters before the Council/Administrator
Input to Operational Plan
Advice on policies, as requested by the Administrator
Representation in the community

Chairperson and Minutes

The Administrator will be the Chairperson of the GRIAC.

Secretariat support will be provided to prepare agendas and minutes of each meeting.

Membership

The GRIAC comprises councillors of the former Councils who have demonstrated a commitment to the success of the new council.

The Administrator will appoint members of the GRIAC and may appoint further representatives where appropriate, at the Administrator’s discretion. The Administrator may also remove members from the Committee.

Membership of the GRIAC is as follows:

The Administrator may add to or reduce the size of the GRIAC.

Staff Attending

The General Manager will attend meetings plus other Council staff as required, on the invitation of the Chairperson.

Reporting

The GRIAC will be appointed by, and report to, the Administrator of Georges River Council.

Meeting Schedule

The GRIAC will meet as required.

Meeting schedules will be determined by the Chairperson, in consultation with the GRIAC members.

Principles

The following principles are based on the way the NSW Government expects the implementation of new Councils to be conducted.

These principles also provide high-level guidance for the IAC.

Respect for our history – Respect and honour the history and traditions of the former Councils.

Community and residents – Focus on service delivery continuity for residents, the community and other stakeholders during the transition.

Collaborative and cooperative transition – Work collaboratively to lead, plan and implement a smooth and timely transition.

Integrity and mutual respect – Act with integrity, mutual respect and professionalism at all times, trusting our colleagues.

Prepared for incoming Councillors – Establish a professional and supportive environment to work towards the newly elected council, based upon the implementation of a sound transition plan.

Open and clear communications – Engage in open, clear and consistent communications (no back channels) to minimise uncertainty for all stakeholders impacted by the transition.

Respect, support and involve employees – Respect and value employees.

Fact-based decision-making – Make decisions based on objective, data-based criteria and on merit.

A ‘best of both’ or enhanced approach – Select the most appropriate existing (or enhanced) services, systems, processes and policies from either council to minimise effort during the transition phase.

A structured approach, with flexibility – Focus initially on ‘transition’ not optimisation, using interim and pragmatic solutions to ensure seamless service delivery. Deliver the transition in a phased, disciplined and robust manner, leveraging consistent tools and processes across all areas of the business. We will be flexible and adaptable and continuously review and evaluate the transition plans.

Represent impartially – When representing the Council or Administrator, do so impartially with the Council’s image and position taking priority over personal interests.

Code of Conduct

The Georges River Council Code of Conduct applies to the members of the GRIAC.

Remuneration of Members

Members of the GRIAC will be remunerated at a rate which complies with rates established by the Local Government Remuneration Tribunal. Out of pocket expenses of Committee members will be reimbursed.

Media Liaison

The Administrator is the designated media spokesperson for the Georges River Council.

Meeting Arrangements

Arrangements for meetings will be as follows:

The agenda and supporting material will be circulated at least five calendar days prior to a meeting

Any supporting material or papers that are confidential will be clearly marked as such and remain confidential to members, and treated as confidential within the meaning of Council’s Code of Conduct and the Local Government Act.

Any general business items tabled during meetings will be short, requiring no more than a short presentation then discussion.

Meetings will be run in a fair and independent manner and support open and constructive dialogue.

Minutes will be circulated within seven days of each meeting.

Standard Agenda Items

Agendas will be determined by the Chairperson. As a minimum, agendas will include the following standard items:

Meeting open and apologies
Confirmation of previous minutes and matters arising
Reports on priority actions
Specific items varying from meeting to meeting
Review of relevant meeting action or follow up requirements
Formal close

Committee’s Views

The views expressed in GRIAC meetings and by GRIAC members outside of the meeting do not represent the views of the IAC, the Council or the Administrator.

GRIAC members, with the exception of the Administrator, may not purport to represent the views of Council on any matter, whether or not a matter is discussed within the GRIAC.

Minute No. 14

1. THAT the Minute be received and noted.

2. THAT the Georges River Implementation Advisory Committee be established and the Charter be adopted.

3. THAT the Administrator be authorised to appoint former Councillors from Hurstville and Kogarah City Councils to the Committee and other Advisory Committees.

(Moved by Administrator, Mr J Rayner)

4. Severe Weather Conditions (3 June 2016 – 5 June 2016)

From Friday evening, 3^rd June 2016 until late on Sunday 5 June 2016, Sydney experienced torrential rain and winds of up to 120kph. This was part of an east coast low which impacted on the whole of the NSW coast. The severe weather conditions uprooted trees, caused local flooding and damaged private and public property.

The Georges River Council area escaped the storm’s severe conditions however it did experience a 1 in 20 year rainfall.

As usual, the Hurstville and Kogarah State Emergency Services (SES) did a magnificent job in responding to over 70 tasks in the Georges River Council area. In addition, a number of units were also deployed to assist the Sutherland Shire SES over the weekend.

Council responded to 30 call outs which mostly related to tree debris, blocked drains and local flooding.

Council crews are currently undertaking a clean-up of the Georges River Council area, including street sweeping, clearing drains and the removal of debris from streets and parks.

Damage was reported at a number of Council facilities including Narani Childcare Centre, Penshurst Long Day Care Centre, Jack High Long Day Care Centre and the meeting rooms at the Hurstville Entertainment Centre. Council staff worked tirelessly to limit the damage at Narani Childcare Centre. Staff pumped water from the facility on Saturday and Sunday and assisted in minimising further damage and flooding.

The response from both Council staff and the SES volunteers is worthy of recognition.

Minute No. 15

1. THAT the Minute be received and noted.

2. THAT the volunteers from Hurstville and Kogarah SES be thanked and congratulated on their significant efforts during the severe weather event.

3. THAT acknowledgement and appreciation be extended to Council’s staff who were involved during the peak of the severe conditions and for the clean-up which is currently underway.

(Moved by Administrator, Mr J Rayner)

Minutes of previous meetings

Extraordinary Council Meeting - 19 May 2016

Minute No. 16

RESOLVED THAT the Minutes of the Extraordinary Council Meeting held on 19 May 2016 be adopted.

Minute No. 25

RESOLVED THAT the preliminary Certificate of Cash and Investments be received and noted.

Minute No. 27

RESOLVED

1. THAT Council undertake a tender for the works as per Council’s Procurement.

2. THAT the request for funding for $115,000 by Kingsgrove Colts JRLFC be rejected until a tender is called.

3. THAT Council Officers forward the selected Contractor to Kingsgrove Colts JRLFC whereby they will need to commit their funds in writing.

4. THAT Council Officers’ investigate potential sources of funding from Federal and State Government Grants and NSW Rugby League.

5. FURTHER THAT if the project is approved, Council is to Project Manage the work.

Minute No. 29

RESOLVED

1. THAT Council endorse the Georges River Council - Overland Flow Flood Study 2015 for Hurstville, Mortdale and Peakhurst Wards.

2. THAT Council delegate authority to the Interim General Manager to undertake editorial amendments to the final Report and Maps of the Overland Flow Flood Study to reflect the recently formed Georges River Council.

3. THAT Council adopt the following flood development standards as Council Policy:

a. an overflow flood development standard to be equivalent to the 1% AEP (Annual Exceedance Probability) or 1 in 100 year storm event

b. overland flow free-board levels of 500mm for habitable and 300mm for non-habitable buildings and

c. an overland flow flood "cut off" level of 150mm.

4. THAT Council endorse the inclusion of the required legal notation on the Section 149(5) Planning Certificates.

5. THAT Council prepare a Floodplain Risk Management Study and Plan for the City in accordance with the NSW Government’s Floodplain Development Manual.

6. THAT Council allocate matching funding of approximately $70,000, in support of a grant application to the NSW Office of Environment and Heritage for the preparation of a Floodplain Risk Management Study and Plan for the City.

7. THAT Council make available to the public the flood modelling data for the purpose of preparing development applications and amend its Fees and Charges 2016/17 to accommodate the cost associated with this service.

8. THAT Council give public notice in the local paper and on its website of the decision to endorse the Georges River Council - Overland Flow Flood Study 2015 for Hurstville, Mortdale and Peakhurst Wards.