Georges River Council - Minutes of Council Meeting - Monday, 26 August 2019

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Present

Council Members

The Mayor, Councillor Kevin Greene, Deputy Mayor, Sam Elmir, Councillor Stephen Agius, Councillor Vince Badalati, Councillor Sandy Grekas, Councillor Con Hindi, Councillor Rita Kastanias, Councillor Nick Katris, Councillor Lou Konjarski, Councillor Kathryn Landsberry, Councillor Nancy Liu, Councillor Leesha Payor, Councillor Colleen Symington, Councillor Warren Tegg and Councillor Christina Wu

Council Staff

General Manager - Ms Gail Connolly, Director Assets and Infrastructure - Mr Laurie O’Connor, Director Environment and Planning - Ms Meryl Bishop, Director Community and Culture - Ms Rebekah Schulz, Director Business and Corporate Services - Mr David Tuxford, Director City Strategy and Innovation – Ms Sue Weatherley, General Counsel - Ms Jenny Ware, Manager, Office of the General Manager - Ms Roxanne Thornton, Head of Executive Services - Ms Jennifer Anderson and Acting Executive Assistant to the Mayor, Marina Cavar.

Opening

The Mayor, Councillor Kevin Greene, opened the meeting at 7.26pm.

National Anthem

All those present stood for the singing of the National Anthem.

Prayer

Pastor Matthew Waqanivalu, from the Revival Life Centre, Penshurst, offered a prayer at the meeting.

Acknowledgement of Country

The Mayor acknowledged the traditional custodians of the land, the Biddegal people of the Eora Nation.

Apologies/Leave of Absence

There were no Apologies.

Notice of Webcasting

The Mayor advised staff and the public that the meeting is being recorded for minute-taking purposes and is also webcast live on Council’s website, in accordance with section 4 of Council’s Code of Meeting Practice. This recording will be made available on Council’s Website.

Code of Meeting Practice

The order of business is as shown in the agenda.

Council’s Code of Meeting Practice prohibits the electronic recording of meetings without the express permission of Council.

Note: Councillor Hindi entered the meeting at 7.32pm.

Disclosures of Interest

The Mayor, Councillor Greene disclosed a Non-Significant Non-Pecuniary Interest in Item CCL050-19 - Management Agreement for Hurstville Aquatic Leisure Centre and the Hurstville Golf Course – for the reason that he is a member of both the Hurstville Golf Club and the Hurstville Aquatic Leisure Centre.

Councillor Katris disclosed a Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee Meeting – 12 August 2019 [COM029-19: Outgoing Sponsorship and Donations] – for the reason that he is a Life Member of the Greek Orthodox Church of Kogarah and his office is occasionally employed to provide architectural work for the Church. Councillor Katris will leave the meeting and not participate in discussion and voting on this Item.

Councillor Tegg disclosed a Non-Significant Non-Pecuniary Interest in Item CCL050-19 - Management Agreement for Hurstville Aquatic Leisure Centre and the Hurstville Golf Course – for the reason that he plays football with a director of Bluefit Pty Ltd.

Councillor Konjarski disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 – Report of the Finance and Governance Committee – 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019], for the reason that he knows the Director of Icon Construction Group Pty Ltd. Councillor Konjarski will leave the meeting and not participate in discussion and voting on this Item.

Councillor Badalati disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019], for the reason that he knows the Principal of a Company (Development) mentioned in the report to Finance and Governance Committee. Councillor Badalati will leave the meeting and not participate in discussion and voting on this Item.

Councillor Landsberry disclosed a Pecuniary Interest in Item CCL046-19 Report of Assets and Infrastructure Committee – 12 August 2019 [ASS029-19: T19/018 Management Agreement - Synthetic Sports Fields] – for the reason that her son is a coach with St George Football Association. Councillor Landsberry will leave the meeting and not participate in discussion and voting on this Item.

Councillor Hindi disclosed a Non-Significant Non-Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee - 12 August [COM031-19: Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036] – for the reason that he lives in Carss Park.

Councillor Hindi disclosed a Non-Significant Non-Pecuniary Interest in Item CCL048-19 – Report of the Finance and Governance Committee – 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019] – for the reason that he has met the owner of a Company mentioned in the report a few times over the past ten years.

Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019 (22 – 26 Montgomery Street, Kogarah and 111 Gungah Bay Road, Oatley)], for the reason that he has known the Director of Icon Construction Group Pty Limited and W K Strong Pty Ltd for a number of years. He does not have any personal or professional dealings with them. Councillor Elmir will leave the meeting and not participate in discussion and voting on this Item.

Councillor Agius disclosed a Pecuniary Interest in Item CCL046-17 – Report of the Assets and Infrastructure Committee – 12 August 2019 [ASS029-19: T19/018 Management Agreement Synthetic Sports Fields] - for the reason that his office sponsors the St George Football Association. Councillor Agius will leave the meeting and not participate in discussion and voting on this Item.

Councillor Agius disclosed a Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee – 12 August 2019 [COM030-19: Kogarah Health, Education and Innovation Precinct (Draft Investment Attraction Strategy)] for the reason his office is located in this precinct. Councillor Agius will leave the meeting and not participate in discussion and voting on this Item.

Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN054-19 - Property Matter - Classification of Public Land - Lot 1 in DP1242704 - Part 12-22 Woniora Road Hurstville], for the reason that he has known the Director for a number of years. He does not have any personal or professional dealings with him. Councillor Elmir will leave the meeting and not participate in discussion and voting on this Item.

Public Forum

The following persons addressed the Council:

ITEM	SPEAKER
CCL047-19: Report of the Community and Culture Committee Meeting – 12 August 2019 (COM031-19- Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036) – Build Carss Park Pool	Ms Elise Borg
NM056-19: Termination of Community Open Days for Ward Councillors	Ms Madhulika Roy
CCL047-19: Report of the Community and Culture Committee Meeting – 12 August 2019 (COM031-19- Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036) – Save Carss Park Pool	Ms Brae Mort
CCL047-19: Report of the Community and Culture Committee Meeting – 12 August 2019 (COM031-19- Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036) – Build Carss Park Pool	Ms Indiana Belle Rubin-Tasic
NM057-19: Establishment of a Football (Soccer) Museum in the Georges River Local Government Area	Mr Craig Kiely

Confirmation of Minutes of previous meetings

Council Meeting - 22 July 2019

RESOLVED: Councillor Tegg and Councillor Hindi

That the Minutes of the Council Meeting held on 22 July 2019 be adopted.

Record of Voting:

For the Motion: Unanimous

Mayoral Minutes

MM018-19 Georges River Councillors' Charity Ball 2019

(The Mayor, Councillor Greene)

RESOLVED: The Mayor, Councillor Greene and Councillor Badalati

(a) That Council formally acknowledge the sponsors Coombes Property Group, Ganellen and Bluefit for their support of the Georges River Council Councillors’ Charity Ball 2019.

(b) That Council donates $35,000 from the funds raised at the Councillors’ Charity Ball 2019 to the Salvation Army, Hurstville.

Record of Voting:

For the Motion: Unanimous

Note: The Mayor, Councillor Greene and Mr George Dib, a representative of Coombes Property Group, were joined by all Councillors in presenting a cheque for $35,000 to Captain Jocelyn McIver from the Salvation Army. The $35,000 represented the amount raised at the recent 2019 Councillors’ Charity Ball. Photos were then taken to commemorate the occasion.

MM019-19 Pink Up Your Town

(The Mayor, Councillor Greene)

RESOLVED: The Mayor, Councillor Greene and Councillor Kastanias

That Council donate $2,000 from the Donations Budget to the McGrath Foundation, in support of “Pink Up Your Town” and the provision of specialist Breast Care Nurses.

Record of Voting:

For the Motion: Unanimous

Condolences

There were no condolence motions.

Finance and Governance

RESOLVED: Councillor Badalati and Councillor Grekas

That Items CCL042-19, CCL043-19 and CCL044-19 be adopted by Council.

CCL042-19 Tabling of Disclosure of Interest Returns

(Report by Senior Policy Officer)

That the tabling of Disclosure of Interest Returns be received and noted.

CCL043-19 Motions for 2019 Local Government NSW Annual Conference

(Report by Manager, Office of the General Manager)

That Council endorse the Motions listed in this report for submission to Local Government NSW for inclusion in the Business Papers for the 2019 Local Government NSW Annual Conference, noting that Motions are due on 16 September 2019.

CCL044-19 Applications Pursuant to Councillor Ward Discretionary Fund Policy

(Report by Manager, Office of the General Manager)

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

i. Application submitted by Mayor Greene on behalf of The McGrath Foundation in the amount of $300.00

ii. Application submitted by Mayor Greene on behalf of Oatley Flora and Fauna Conservation Society in the amount of $1,000.00

iii. Application submitted by Councillor Symington on behalf of Oatley Junior Rugby Union in the amount of $1,500.00

iv. Application submitted by Councillor Tegg on behalf of Australian Air League in the amount of $1,500.00

v. Application submitted by Councillor Grekas on behalf of Oatley Lions Club in the amount of $1,500.00

vi. Application submitted by Councillor Payor on behalf of Sarah Kalidis in the amount of $1,500.00

vii. Application submitted by Councillor Elmir on behalf of Sarah Kalidis in the amount of $1,500.00

viii. Application submitted by Councillor Landsberry on behalf of Sarah Kalidis in the amount of $1,500.00

ix. Application submitted by Councillor Liu on behalf of Gymea Community Aid & Information Service Incorporated in the amount of $1,000.00

Record of Voting:

For the Motion: Unanimous

CCL045-19 Councillor Ward Discretionary Fund - 2018/2019 Program Results

(Report by Manager, Office of the General Manager)

RESOLVED: Councillor Elmir and Councillor Symington

(a) That Council note the successful outcomes achieved during the inaugural year of the Councillor Discretionary Ward Fund program.

(b) That the Councillor Ward Discretionary Fund program be continued for the 2019/2020 financial year and the budget allocation be retained at $1 million.

(c) That the General Manager be delegated authority to make minor editorial changes to the Councillor Ward Discretionary Fund Policy to allow for more efficient administration of the program.

Record of Voting:

For the Motion: The Mayor, Councillor Greene and Councillors Agius, Elmir, Grekas, Hindi, Kastanias, Katris, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu

Against the Motion: Councillor Badalati

CCL046-19 Report of Assets and Infrastructure Committee Meeting - 12 August 2019

(Report by Head of Executive Services)

RESOLVED: Councillor Grekas and Councillor Tegg

That the Committee recommendations for Items ASS024-19 to ASS030-19 inclusive, detailed below, be adopted by Council, with the exception of ASS029-19.

ASS024-19 Georges River Traffic Advisory Committee Meeting - 6 August 2019

That the recommendations contained within the minutes of the Georges River Traffic Advisory Committee Meeting held on 6 August 2019 be adopted by Council.

ASS025-19 T19/010 Tender for the Construction of a new Sports Amenities Building at Gannons Park

(a) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW) accepts the Tender from Lanskey Constructions, in the amount of $1,808,000.00 (excluding GST) after having regard to all the circumstances, as the Tender that appears to be the most advantageous and appoint Lanskey Constructions as the Principal Contractor under the Contract Number T19/010 Construction of Gannons Park Amenities.

(b) That Council approves the allocation of Section 94 funds as outlined in the table within item 15.

(c) That Council approves the allocation of Infrastructure Plus funds of $170,000 (currently unallocated) towards the project as shown in the table in item 15.

(d) That Council approves the project budget of $2,108,000 for the construction of the Gannons Park Sports Amenities Building.

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

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

ASS026-19 T19/014 Tender for Beverly Hills Park Resurfacing, Irrigation Installation and Drainage Design / Construction

(a) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from Never Stop Irrigation Pty Ltd, in the amount of $1,019,243.76 (excluding GST), after having regard to all the circumstances, as the Tender that appears to be the most advantageous and appoint Never Stop Irrigation Pty Ltd as the Principal Contractor under the Contract Number T19/014 Beverly Hills Park Resurfacing, Irrigation and Drainage Design and Construction.

(b) That Council approves the allocation of Section 94 funds as outlined in the table within item 21.

(c) That Council approves the allocation of $165,000 in Infrastructure Plus – Parks funding for the project as outlined in item 21.

(d) That Council approves the allocation of $187,130 from General Revenue for the project as outlined in item 21.

(e) That Council approves the revised project budget of $1,172,130 for the Beverly Hills Park Irrigation and Resurfacing project.

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

(g) That Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

ASS027-19 T19/015 Tender for Olds Park 2 Resurfacing, Irrigation Installation and Drainage Design / Construction

(a) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from Never Stop Irrigation Pty Ltd, in the amount of $728,667.73 (excluding GST), after having regard to all the circumstances, as the Tender that appears to be the most advantageous and appoint Never Stop Irrigation Pty Ltd as the Principal Contractor under the Contract Number T19/015 Olds Park 2 Resurfacing Irrigation and Drainage Design and Construction.

(b) That Council approves the allocation of $338,000 from Section 94 Hurstville Open Space, Recreation and Public Domain Plan as outlined in item 21.

(c) That Council approves the revised budget of $838,000 for the Olds Park 2 Irrigation and Resurfacing project as outlined in item 21.

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

(e) That Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

ASS028-19 T18/043 Tender for Minor Building Works

(a) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from Coopers Commercial Construction Pty Ltd, Jag Building Bricklaying Pty Ltd, ProGroup Management Pty Ltd, Andrik Construction Pty Ltd and Sullivans Construction after having regard to all the circumstances, as the Tenders that appear to be the most advantageous as the Panel Contractors under the Contract Number T18/043, subject to the satisfactory outcome of the financial assessment.

(b) For no fixed amount being a do and charge contract at a set schedule of rates, for 3 years with two (2) x 12 month extension options for the Contract Number T18/043 subject to confirmation of satisfactory financial capability, ongoing performance reviews and ability to fulfil obligations under the proposed contract.

(d) Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those Tenders and advise existing providers of intent to terminate services.

ASS030-19 Structural Assessment of the Kogarah War Memorial Swimming Pool (Carss Park)

(a) That Council note the findings of the Geoff Ninnes Fong & Partners Pty Ltd engineering reports on the Kogarah War Memorial Pool dated April 2011 and July 2019.

(b) That Council note the NSW Environment Protection Authority’s direction to cease polluting the Georges River, the actions taken by Council officers to comply with that direction and the response provided to the Authority.

(c) That Council note the NSW Health (South Eastern Sydney Health District) Swimming Pool Inspection Report dated July 2019 and the requirement to comply with the Public Health Act 2010, the actions taken by Council officers to comply with the Act and the response provided to NSW Health.

(d) That Council note that officers have commissioned the preparation of expert geotechnical and soil contamination reports to ascertain the subsurface conditions and extent of ground contamination at the pool site.

(e) That Council notify its insurers that it has complied with its obligations pursuant to the Protection of the Environment Operations Act 1997, the Local Government Act 1993 and its duty of care to the community and has closed the pool facility.

Record of Voting:

For the Motion: Unanimous

ASS029-19 T19/018 Management Agreement - Synthetic Sports Fields

Note: Councillor Landsberry disclosed a Pecuniary Interest in Item CCL046-19 Report of Assets and Infrastructure Committee – 12 August 2019 [ASS029-19: T19/018 Management Agreement - Synthetic Sports Fields] – for the reason that her son is a coach with St George Football Association. Councillor Landsberry left the meeting at 8.01pm and did not participate in discussion and voting on this Item.

Note: Councillor Agius disclosed a Pecuniary Interest in Item CCL046-17 – Report of the Assets and Infrastructure Committee – 12 August 2019 [ASS029-19: T19/018 Management Agreement Synthetic Sports Fields] - for the reason that his office sponsors the St George Football Association. Councillor Agius left the meeting at 8.01pm and did not participate in discussion and voting on this Item.

RESOLVED: Councillor Grekas and Councillor Badalati

(a) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from St George Football Association for a Management Fee payable to Council of $50,000 (excluding GST) per year (excluding field maintenance) for a period of 3 years commencing 1 September 2019 under the Contract Number T19/018 Management Agreement – Synthetic Sports Fields for the use of Peakhurst Park Synthetic Sports Field.

(b) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from St George Football Association for a Management Fee payable to Council of $65,000 (excluding GST) per year (excluding field maintenance) for a period of 3 years commencing February 2020 under the Contract Number T19/018 Management Agreement – Synthetic Sports Fields for the use of Poulton Park Synthetic Sports Field.

(c) That Council, in accordance with Section 178 of the Local Government (General) Regulation 2005 (NSW), accepts the Tender from Football de Brazil Pty Limited for a Management Fee payable to Council of $21,666 (excluding GST) per year (excluding field maintenance) for a period of 3 years commencing 1 September 2019 under the Contract Number T19/018 Management Agreement – Synthetic Sports Fields for the use of Vanessa Street Multi-Sport Courts.

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

(e) That an internal cash reserve be established for Outdoor Synthetic Sports Fields and that at the end of each financial year surplus funds generated from Outdoor Synthetic Sports Fields be placed in this Reserve to be set aside for future renewal and improvement of these assets.

(f) That Council Officers inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Landsberry returned to the meeting at 8.02pm.

Note: Councillor Agius returned to the meeting at 8.02pm.

CCL047-19 Report of Community and Culture Committee Meeting - 12 August 2019

(Report by Head of Executive Services)

Note: Councillor Agius disclosed a Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee – 12 August 2019 [COM030-19: Kogarah Health, Education and Innovation Precinct (Draft Investment Attraction Strategy)] for the reason that his office is located in the precinct. Councillor Agius left the meeting at 8.02pm and did not participate in discussion and voting on Items COM029-19 (part a), COM030-19, COM032-19 and COM029-19 (part b).

RESOLVED: Councillor Katris and Councillor Elmir

That the Committee recommendations for Items COM029-19 to COM032-19 inclusive, detailed below, be adopted by Council, with the exception of Item COM029-19 Part (b) and COM031-19.

COM029-19 Outgoing Sponsorship and Donations (Part a)

(a) That Council approve the donation of $500 to the Australian Air League Riverwood Squadron to participate in the 2019 Pearl Harbour Memorial Parade in Hawaii on Saturday 7 December 2019.

COM030-19 Kogarah Health, Education and Innovation Precinct (Draft Investment Attraction Strategy)

That the Draft Kogarah Investment Attraction Strategy be endorsed for public exhibition for a period of not less than 28 days.

COM032-19 Cultural Activation Program

(a) That Council receive and note the cultural activation program for Georges River town centres for 2019, with the addition of partnership programs including the Love Local Artisan Market.

(b) That Council approve the temporary suspension of the Alcohol Free Zone in Hurstville Plaza/Diment Way for 3 nights from Friday 20 September to Sunday 22 September 2019 to facilitate the Plaza activation.

(c) That Council undertake further community consultation to determine priorities for town centre cultural activations in 2020.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Katris disclosed a Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee Meeting – 12 August 2019 [COM029-19: Outgoing Sponsorship and Donations part (b)] – for the reason that he is a Life Member of the Greek Orthodox Church of Kogarah and his office is occasionally employed to provide architectural work for the Church. Councillor Katris left the meeting at 8.03pm and did not participate in discussion and voting on Item COM029-19 (part b).

COM029-19 Outgoing Sponsorship and Donations (Part b)

RESOLVED: Councillor Landsberry and Councillor Hindi

(b) That Council approve event sponsorship of $2,050 to support the Greek Orthodox Church and Parish of Kogarah Annual Fete to be held at Kogarah Town Square Belgrave Street, Kogarah on Sunday 29 September 2019.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Katris returned to the meeting at 8.04pm.

Note: Councillor Agius returned to the meeting at 8.04pm.

COM031-19 Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036

Note: Councillor Hindi disclosed a Non-Significant Non-Pecuniary Interest in Item CCL047-19 – Report of the Community and Culture Committee - 12 August [COM031-19: Georges River Council Open Space, Recreation and Community Facilities Strategy 2019-2036] – for the reason that he lives in Carss Park. Councillor Hindi remained in the meeting during consideration and voting on this Item.

RESOLVED: Councillor Katris and Councillor Elmir

(a) That Council endorses the Georges River Council Open Space, Recreation and Community Facilities Strategy 2019 subject to the amendments outlined in point (b) below.

(b) That, having regard to the updated recommendations provided by Elton Consulting and Otium Planning Group in response to the recent closure of the Kogarah War Memorial Pool, and further to the letter from the Prime Minister on Friday 23 August 2019, where he reaffirmed his $5 million pledge towards the refurbishment or rebuilding of the Kogarah War Memorial Pool but only on its current site within the Carss Park Sport and Recreation Precinct, the following amendments be made to the Strategy:

(i) It is identified that three aquatic facilities are required to meet the needs of the Georges River local government area until 2036. Due to the indefinite closure of the Kogarah War Memorial Pool there are presently two functional aquatic facilities;

(ii) That the facilities and services required for the future third aquatic facility within the Carss Park Sport and Recreation area are to be determined having regard to the Council Resolution on 23 April 2018, following the unanimous support of Councillor Elmir’s Notice of Motion NM019-18. In accordance with this motion, Council officers are in the process of immediately preparing, as a matter of urgency, a Site Suitability and Feasibility Study for the construction of a new Georges River Regional Aquatic Facility in the Carss Park Recreation and Sporting Precinct. This is to include an Engineer’s Geotechnical Report and other necessary information in order to confirm the site’s ability to accommodate an Aquatic Centre.

(iii) That the option of a premier contemporary aquatic facility may include an indoor/outdoor 50 metre pool, 25 metre heated program pool and associated uses (for example, cafe, crèche, gymnasium, health and wellbeing centre, water splash play area, car parking) be determined having regard to the findings of the Aquatic Site Suitability and Feasibility Study and associated Aquatic Facility Strategy, along with the list of facilities recommended in the schedule that appears on page 192 of section 16 of the Georges River Council Open Space, Recreation and Community Facilities Strategy 2019, and extensive consultation with the Community stakeholders and previous and future possible users of the pool.

(c) That Council reviews and implements an updated Georges River Development Contributions Plan to enable funding for projects identified in the Strategy to be levied from development proposals in the local government area and Council also investigate possible funding sources from the Federal and State Governments and other Government Bodies, such as the NSW Sports Commission and Swimming NSW in order to fund this Carss Park Aquatic Centre Project.

(d) A progress report (regarding all the matters indicated above) as to the actions taken and proposed to be taken is to be brought to every relevant Committee meeting and that Committee’s recommendations being provided for consideration at the following Regular Council meeting.

Record of Voting:

For the Motion: Unanimous

CCL048-19 Report of Finance and Governance Committee Meeting - 12 August 2019

(Report by Head of Executive Services)

RESOLVED: Councillor Badalati and Councillor Hindi

That the Committee recommendations for Items FIN052-19, FIN053-19, FIN055-19 and FIN056-19, detailed below, be adopted by Council.

FIN052-19 Investment Report as at 30 June 2019

That Council receives and notes the contents of the Investment Report as at 30 June 2019.

FIN053-19 Quarterly Commercial Property Portfolio Report

That Council receives and notes the Quarterly Commercial Property Portfolio Report for the quarter ending 30 June 2019.

FIN055-19 2019/2020 Festive Period Annual Close-Down

(a) That consistent with Council’s adopted 2019/2020 Budget, Council implements the annual close-down period from Monday 23 December 2019 to Friday 3 January 2020 with Council’s non-essential services and operations not being staffed during this close-down period.

(b) That the General Manager provide sufficient staff for essential services in the areas of cleansing, street sweeping, regulatory services, call centre and information management technology to ensure management of urgent matters and the delivery of essential services to the community occurs.

FIN056-19 Proposed Council Meeting Schedule - 2019/2020 and 2020/2021

That Council endorse the Proposed Council Meeting Schedule for 2019/2020 and (part of) 2020/2021, as attached to this report.

Record of Voting:

For the Motion: Unanimous

FIN051-19 Advice on Costs and Status of Council's Court Proceedings - June 2019

Note: Councillor Konjarski disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019] for the reason that he knows the Director of Icon Construction Group Pty Ltd. Councillor Konjarski left the meeting at 8.15pm and did not participate in discussion and voting on this Item.

Note: Councillor Badalati disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019], for the reason that he knows the Principal of a Company (Development) mentioned in the report to Finance and Governance Committee. Councillor Badalati left the meeting at 8.15pm and did not participate in discussion and voting on this Item.

Note: Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019 (22 – 26 Montgomery Street, Kogarah and 111 Gungah Bay Road, Oatley)], for the reason that he has known the Director of Icon Construction Group Pty Limited and W K Strong Pty Ltd for a number of years. He does not have any personal or professional dealings with them. Councillor Elmir left the meeting at 8.15pm and did not participate in discussion and voting on this Item.

Note: Councillor Hindi disclosed a Non-Significant Non-Pecuniary Interest in Item CCL048 – Report of the Finance and Governance Committee – 12 August 2019 [FIN051-19 - Advice on Costs and Status of Council's Court Proceedings - June 2019] – for the reason that he has met the owner of a Company mentioned in the report over the past ten years. Councillor Hindi remained in the meeting and participated in discussion and voting on this Item.

RESOLVED: Councillor Agius and Councillor Tegg

(a) That the report “Advice on Costs and Status of Council’s Court Proceedings – June 2019”, with the exception of the matter relating to a new Class 1 matter (22 – 26 Montgomery Street, Kogarah, Applicant: Icon Construction Group Pty Limited, Proceedings No: 2019/204549), be received and noted.

(b) That company extracts be provided to all Councillors for all matters included in all Advice on Costs and Status of Council’s Court Proceedings reports to the Finance and Governance Standing Committee in the future.

(c) That the Class 1 matter ‘22 – 26 Montgomery Street, Kogarah, Applicant: Icon Construction Group Pty Limited, Proceedings No: 2019/204549’, contained within the report “Advice on Costs and Status of Council’s Court Proceedings – June 2019”, be received and noted.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Hindi left the meeting at 8.18pm and was not present for the consideration and voting of Item FIN054-19.

Note: Councillor Badalati returned to the meeting at 8.16pm.

Note: Councillor Konjarski returned to the meeting at 8.16pm.

FIN054-19 Property Matter - Classification of Public Land - Lot 1 in DP1242704 - Part 12-22 Woniora Road Hurstville

Note: Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in relation to Item CCL048-19 - Report of Finance and Governance Committee Meeting - 12 August 2019 [FIN054-19 - Property Matter - Classification of Public Land - Lot 1 in DP1242704 - Part 12-22 Woniora Road Hurstville], for the reason that he has known the Director for a number of years. He does not have any personal or professional dealings with him. Councillor Elmir left the meeting at 8.17pm and did not participate in discussion and voting on this Item.

RESOLVED: Councillor Badalati and Councillor Agius

That Council receives and notes the contents of this report and as no public submissions were received during the public exhibition period in relation to the classification of the public land at lot 1 in DP1242704 Part 12-22 Woniora Road Hurstville, the land is now classified as operational land as per Council resolution of 25 June 2019 (FIN046-19).

Record of Voting:

For the Motion: Unanimous

Note: Councillor Elmir returned to the meeting at 8.18pm.

Note: Councillor Hindi returned to the meeting at 8.18pm.

Note: Councillor Wu left the meeting at 8.22pm and did not participate in discussion and voting on Item FIN057-19, CCL049-19 (ENV027-19 and ENV028-19) and CCL050-19.

FIN057-19 Rate Restructure Proposed Program

RESOLVED: Councillor Hindi and Councillor Badalati

(a) That Council endorse the 2020/2021 Rate Restructure Program, which includes the Community Engagement Framework and the proposed timeframe.

(b) That the General Manager formally notify the Independent Pricing and Remuneration Tribunal (IPART) of Council’s intention to cease using the former Hurstville City Council’s and former Kogarah City Council’s rating structures and special rate variations at the end of financial year 2019/2020, subject to IPART approval of Council’s application on a harmonised minimum rate and a special rate variation.

(c) That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to apply for a special rate variation (SRV) of 8.1% (plus the 2020/2021 rate peg) on Council’s 2019/2020 general rate income base, in order to replace cessation of the former Hurstville City Council’s SRV and to ensure Council’s long term financial sustainability.

(d) That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to apply for one of the following proposals:

a. Harmonised minimum rate of $942.24 (plus the 2020/2021 rate peg amount) commencing in the 2020/2021 rating year, or

b. Harmonised minimum rate structure, as per the following categories/sub-categories:

i. Residential harmonised minimum rate of $942.24 (plus the 2020/2021 rate peg amount) commencing in the 2020/2021 rating year

ii. Business harmonised minimum rate of $942.24 (plus the 2020/2021 rate peg amount) commencing in the 2020/2021 rating year

iii. Commercial/Strategic Centre sub-category harmonised minimum rate of $1,100 commencing in the 2020/21 rating year.

(e) That Council notify the Minister for Local Government that at this time it is not intending to participate in a rate path freeze extension, however, Council will formally reserve its right to opt into the rate path freeze extension should the outcome of the community consultation not enable Council to proceed with model 3 of the Georges River Council 2019/2020 to 2028/2029 Long Term Financial Plan and a harmonised minimum rate commencing in the 2020/2021 rating year.

(f) That the General Manager provide a submission to the Office of Local Government on IPART’s Review of the Local Government Rating System, 2016.

Record of Voting:

For the Motion: Unanimous

CCL049-19 Report of Environment and Planning Committee - 12 August 2019

(Report by Head of Executive Services)

RESOLVED: Councillor Hindi and Councillor Landsberry

That the Committee recommendations for Items ENV027-19 and ENV028-19, detailed below, be adopted by Council.

ENV027-19 Options for Council's New Development Contributions Plans

(a) That Council defer consideration of the options to guide the preparation of the Georges River Development Contributions Plan to a workshop that considers Option 4a outlined in this report in relation to matters such as the type of developments that would be levied under each of the options and examples providing an analysis of the options in relation to development types in a number of locations/zones across the local government area.

(b) That Council note the SGS Economics and Planning report on family friendly apartments in the Kogarah North Precinct and resolve not to provide discounts or waivers on development contributions for family friendly apartments.

ENV028-19 Summary of Development Applications Lodged and Determined - January to June 2019

That Council receive and note the Summary of Development Applications Lodged and Determined report for the third and fourth quarters of the 2018/2019 financial year being January 2019 – June 2019.

Record of Voting:

For the Motion: Unanimous

Assets and Infrastructure

CCL050-19 Management Agreement for Hurstville Aquatic Leisure Centre and the Hurstville Golf Course

(Report by Executive Manager Premium Facilities and Properties)

Note: The Mayor, Councillor Greene disclosed a Non-Significant Non-Pecuniary Interest in Item CCL050-19 - Management Agreement for Hurstville Aquatic Leisure Centre and the Hurstville Golf Course – for the reason that he is a member of both Hurstville Golf Club and Hurstville Aquatic Leisure Centre. The Mayor, Councillor Greene, remained in the meeting and participated in discussion and voting on this Item.

Note: Councillor Tegg disclosed a Non-Significant Non-Pecuniary Interest in Item CCL050-19 – Management Agreement for Hurstville Aquatic Leisure Centre and the Hurstville Golf Course – for the reason that he plays football with a director of Bluefit Pty Ltd. Councillor Tegg remained in the meeting and participated in discussion and voting on this Item.

RESOLVED: Councillor Grekas and Councillor Elmir

(a) That Council awards the Management Agreement for Hurstville Aquatic Leisure Centre to Bluefit Pty Ltd for a further period of three (3) years commencing 2 September 2019.

(b) That Council accept the income proposed by Bluefit Pty Ltd for the Hurstville Aquatic Leisure Centre for the three (3) year period commencing 2 September 2019 as outlined in the report.

(c) That Council awards the Management Agreement for Hurstville Golf Course to Bluefit Pty Ltd for a further period of three (3) years commencing 2 September 2019.

(d) That Council accept the income proposed by Bluefit Pty Ltd for the Hurstville Golf Course for the three (3) year period commencing 2 September 2019 as outlined in the report.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Wu returned to the meeting at 8.29pm.

Notices of Motion

NM053-19 Georges River Council - Inaugural Female Leadership Workshop

(Councillor Grekas)

RESOLVED: Councillor Grekas and Councillor Landsberry

(a) That the General Manager investigate and prepare a report to Council on the costs associated with the in-house development and facilitation of a workshop that would be offered to female Year 9 and 10 local high school students.

(b) The content of the workshop would include female Council officers and Councillors acting as mentors to students, sharing life experiences and lessons and providing practical tools that support developing leadership capacity, confidence, building resilience, celebrating uniqueness and defining individual excellence.

(c) The report should address potential funding sources such as Councillor Discretionary Ward Funding from interested Councillors, subsidised hire of the Dragon Room (or other suitable venues) and external grant funding opportunities.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Hindi left the meeting at 8.49pm and did not participate in voting on Item NM054-19.

NM054-19 Penshurst Sporting Hub - Naming Rights Tender

(Councillor Badalati)

RESOLVED: Councillor Badalati and Councillor Katris

That Georges River Council goes to tender for the naming rights to the Penshurst Sporting Hub.

Record of Voting:

For the Motion: Councillors Agius, Badalati, Elmir, Kastanias, Katris, Konjarski, Landsberry, Liu, Symington and Wu

Against the Motion: The Mayor, Councillor Greene and Councillors Grekas, Payor and Tegg.

On being put to the meeting the voting was ten (10) votes FOR and four (4) votes AGAINST.

The Motion was declared CARRIED.

Note: Councillor Hindi returned to the meeting at 8.52pm.

NM055-19 Banning of Mobile Phones at Council Meetings

(Councillor Badalati)

MOTION: Councillor Badalati and Councillor Symington

That Council bans the use of mobile phones during Council meetings.

Record of Voting:

For the Motion: The Mayor, Councillor Greene and Councillors Symington, Katris, Badalati and Wu

Against the Motion: Councillors Agius, Elmir, Grekas, Hindi (abstained), Kastanias, Konjarski, Landsberry, Liu, Payor and Tegg

On being put to the meeting the voting was five (5) votes FOR and ten (10) votes AGAINST.

The Motion was declared LOST.

NM056-19 Termination of Community Open Days for Ward Councillors

(Councillor Badalati)

The Motion was Withdrawn.

NM057-19 Establishment of a Football (Soccer) Museum in the Georges River Local Government Area

(Report by Councillor Konjarski)

RESOLVED: Councillor Konjarski and Councillor Badalati

(a) That the General Manager prepares a report which reviews the feasibility of providing or facilitating the establishment of a football (soccer) museum within the Georges River Local Government Area.

(b) That the report considers, amongst other things:

(i) The current and future demand for a football museum within the Georges River Local Government Area;

(ii) Opportunities to co-locate with an existing museum or similar facility;

(iii) The operation of existing museums or exhibitions in Australia with a sporting focus;

(iv) Potential future locations and site requirements to accommodate a football museum;

(v) Potential future partnerships; and

(vi) Potential grant funding opportunities that may be available from the State or Federal Government.

Record of Voting:

For the Motion: Unanimous

NM058-19 Inclusion of Councillors' Names on Plaques for New Buildings and Facilities

(Report by Councillor Hindi)

RESOLVED: Councillor Hindi and Councillor Konjarski

(a) That all future plaques that are unveiled by the Mayor are to include all Councillors’ names in addition to the General Manager and Directors, effective immediately.

(b) That Council staff review and update all plaques that have been unveiled during the current term of Council and update accordingly.

(c) That where state government or other grant guidelines mandate plaque design, that an additional plaque be installed on each facility that contains all Councillors’ names in addition to the General Manager and Directors, effective immediately.

Record of Voting:

For the Motion: The Mayor, Councillor Greene and Councillors Agius, Badalati, Elmir, Hindi, Kastanias, Katris, Konjarski, Liu, Payor, Symington and Wu

Against the Motion: Councillors Grekas, Landsberry and Tegg

On being put to the meeting, the voting was twelve (12) FOR and three (3) AGAINST.

The Motion was declared CARRIED.

NM059-19 Georges River Development Control Plan 2020 - Restrictions on Hostile Architecture

(Report by Councillor Tegg)

RESOLVED: Councillor Tegg and Councillor Konjarski

(a) That the upcoming Georges River Council Development Control Plan 2020, and any future public domain plans for the City, include provisions that prevent the installation of devices, materials or designs in the public domain (hostile architecture) which would make it difficult for homeless people to occupy public spaces.

(b) Such provisions should include (but not be limited to) a restriction on the design and installation of Items such as: slanted or curved benches, rocky pavements, spiked windowsills, segmented benches, street spikes, awning gaps, barred corners, street dividers, raised grate covers, tiered seating, fence grates, retractable spikes and the like.

(c) That a standard condition of development consent be prepared to restrict the provision or installation of hostile architecture with the Georges River Area.

(d) That the General Manager prepare a report on the options available to Council to apply similar design and installation restrictions to development on privately owned land within the Kogarah and Hurstville CBDs.

Record of Voting:

For the Motion: The Mayor, Councillor Greene and Councillors Badalati, Grekas, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu

Against the Motion: Councillors Agius, Elmir, Hindi, Kastanias and Katris

On being put to the meeting, the voting was ten (10) votes FOR and five (5) votes AGAINST.

The Motion was declared CARRIED.

NM060-19 Preparation of a 'Business First' Strategy for the Georges River Local Government Area

(Report by Councillor Elmir)

RESOLVED: Councillor Elmir and Councillor Kastanias

(a) That the General Manager prepare a report on the development of a Business First Strategy for the City that will support, encourage and attract new investment and local jobs and provide support for activities that will help create a broad based night time economy. The report should address (amongst other things) potential matters for inclusion in the Strategy such as:

i. Introduction of a fast-track approval system for the establishment of small businesses including commercial fitouts, food premises, small bars and signs and the opportunity to remove any approvals-related red tape;

ii. A city marketing and advocacy program and the development of strategic partnerships that will position Georges River as a leading council in Greater Sydney;

iii. An attraction program to attract Government investment in the area such as infrastructure to support the local community and the relocation of Government jobs to Georges River; and

iv. Identification of the night time activities of the City’s night time economy and potential economic or other actions or investments that could be facilitated by Council.

(b) That the report detail the proposed program for preparation of the Strategy including the timeframe, research, consultation program, and costs/funding sources for preparation of the Strategy.

Record of Voting:

For the Motion: Unanimous

NM061-19 Establishment of a Georges River Aquatic Facilities Working Party

(Report by Councillor Landsberry)

MOTION: Councillor Landsberry and Councillor Grekas

That subject to Council’s adoption of the Georges River Open Space, Recreation and Community Facilities Strategy 2019-2036:

(a) The Mayor write to the Prime Minister, the Hon Scott Morrison MP thanking him for his pledge of $5 million towards the upgrade of Kogarah War Memorial Pool during the recent Federal election campaign;

(b) That the General Manager write to Sport Australia seeking information on the $150 million Infrastructure Grant Program, allocated in the 2019 Federal Budget towards the upgrade of community sporting facilities;

(c) Council establish a Georges River Aquatic Facilities Working Group of interested Councillors with the purpose of advancing options available to Council in regard to facilitating the timely provision of aquatic facilities within the Local Government Area;

(d) That Council appoint a Chairperson for the Georges River Aquatic Facilities Working Group;

(e) That the Director Assets and Infrastructure convene the Working Group on a quarterly basis as part of the Quarterly Budget Review process;

(f) Council establish an Aquatic Facilities Reference Group to provide input and feedback on matters relating to the future provision of aquatic facilities in the Georges River area; and

(g) That the Reference Group be established via a public Expression of Interest (EOI) process and comprise up to eight members drawn from relevant sporting bodies, professional associations, aquatic industry operators and residents of Georges River.

Record of Voting:

For the Motion: Councillors Grekas, Konjarski, Landsberry, Payor and Tegg

Against the Motion: The Mayor, Councillor Greene and Councillors Kastanias (abstained), Symington, Katris, Agius, Elmir, Badalati, Liu, Wu and Hindi

On being put to the meeting, the voting was five (5) votes FOR and ten (10) votes AGAINST.

The Motion was declared LOST.

RESOLVED: Councillor Katris and Councillor Hindi

(c) That Council officers prepare a community consultation program and timeline that strictly follows the guidelines of the Office of Local Government regarding Council’s provision and expenditure on infrastructure in excess of $10 million.

(d) That Council write to NSW Minister of Sport requesting that the Government matches any funding provided by the Federal Government.

Record of Voting:

For the Motion: The Mayor, Councillor Greene and Councillors Agius, Badalati, Elmir, Grekas, Hindi, Kastanias, Katris, Konjarski, Liu, Payor, Symington, Tegg and Wu

Against the Motion: Landsberry (abstained)

On being put to the meeting the voting was fourteen (14) votes FOR and one (1) vote AGAINST.

The Motion was declared CARRIED.

NM062-19 NSW Office of Local Government - Outcome of Recent Investigation Into Alleged Breach of the Code of Conduct

(Report by Councillor Hindi)

RESOLVED: Councillor Hindi and Councillor Kastanias

That Council receive and note the outcome of the Office of Local Government investigation.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Grekas left the meeting at 9.52pm.

Questions with Notice

QWN012-19 Property Matter - Construction of Private Vehicular Access to Residential Properties across Taylors Reserve, Lugarno

(Report by Councillor Symington)

RESOLVED: Councillor Symington and Councillor Katris

That the information be received and noted.

Record of Voting:

For the Motion: Unanimous

Consideration of Business in Closed Session

RESOLVED: Councillor Tegg and Councillor Elmir

That the meeting move into closed session.

Record of Voting:

For the Motion: Unanimous

At this stage of the meeting being 9.54pm the Mayor advised that the meeting would move into a Committee of the Whole to allow consideration of a matter in Closed Session 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.

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

CCL025A-19 Question with Notice: Investigation Regarding The Apparent Disclosure of Confidential Information - Netstrata Jubilee Stadium Naming Rights EOI Process

(Report by Councillor Hindi)

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) (I) it is considered the matter alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

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 alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

This matter will be considered in closed session in accordance with Section 10A(2) (c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom council is conducting (or proposes to conduct) business.

The Mayor asked the General Manager if any representations had been received from the public that the item should not be discussed in closed session.

The General Manager replied that no representations had been received to the item in closed session.

The Mayor asked if there were any members of the public gallery who would like to speak on the reasons Council proposes to consider the items in Closed Session.

There were none.

Note: Councillor Grekas returned to the meeting at 9.55pm.

Note: Councillor Katris left the meeting at 10.01pm.

Consideration of Confidential Recommendations

CCL025A-19 Question with Notice: Investigation Regarding The Apparent Disclosure of Confidential Information - Netstrata Jubilee Stadium Naming Rights EOI Process

(Councillor Hindi)

RESOLVED: Councillor Hindi and Councillor Agius

That the information be received and noted.

Record of Voting:

For the Motion: Unanimous

Note: Councillor Katris returned to the meeting at 10.04pm.

Open Council

RESOLVED: Councillor Badalati and Councillor Symington

That the meeting revert to Open Council, the time being 10.05pm.

Record of Voting:

For the Motion: Unanimous

Consideration of Recommendations from Closed Session

RESOLVED: Councillor Katris and Councillor Agius

That the recommendations of the Closed Session be received and adopted as resolutions of Council without any alteration or amendment thereto.

Record of Voting:

For the Motion: Unanimous

Conclusion

The Meeting was closed at 10.05pm.

Chairperson

Mayor, Clr Kevin Greene

Minutes confirmed: 23 September 2019