MINUTES


Council Meeting

 

Monday, 24 August 2020

7.00pm

 

 

Dragon Room

(Level 1, Georges River Civic Centre, Hurstville)

and

Skype Online Meeting

 

 

 

 

 

 

 

 


Georges River Council – Minutes of Council Meeting - Monday, 24 August 2020

Page 1

 

PRESENT

Council Members

The Mayor, Councillor Kevin Greene, Deputy Mayor, Councillor Con Hindi, Councillor Stephen Agius, Councillor Vince Badalati, Councillor Sam Elmir, Councillor Sandy Grekas, 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 Andrew Latta, Acting Director Environment and Planning – Mr Ryan Cole, Director Community and Culture - Ms Rebekah Schulz, Director Business and Corporate Services - Mr David Tuxford, Director City Strategy and Innovation – Ms Sue Weatherley, Director Legal Services and General Counsel - Ms Jenny Ware, Chief Audit Executive – Ms Juliette Hall, Chief Financial Officer – Ms Danielle Parker,  Manager, Office of the General Manager - Ms Roxanne Thornton, Executive Services Officer – Mrs Marina Cavar,  Research and Project Officer –  Mrs Ann-Marie Svorinic and Coordinator Technology – Mr Brendan Scott

 

OPENING

The Mayor, Councillor Kevin Greene, opened the meeting at 7.12pm.

NATIONAL ANTHEM

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

PRAYER

The Mayor, Councillor Greene offered a prayer to 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  

RESOLVED: Councillor Badalati and Councillor Hindi

That apologies be accepted and leave of absence be granted for Councillor Kastanias.

Record of Voting:

For the Motion: Unanimous

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.

DISCLOSURES OF INTEREST

Councillor Agius disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason he owns a property in the area. As this is a Pecuniary disclosure, Councillor Agius will not be participating in the discussion or voting on this item.

Councillor Elmir disclosed a Pecuniary Interest in Item CCL045-20 Report of the Environment and Planning Committee Meeting held on 10 August 2020 (ENV029-20 Adoption of Local Housing Strategy and Inclusive Housing Strategy) for the reason he owns residential property in the area and also has associated person/s that own properties within the LGA. As this is a Pecuniary disclosure, Councillor Elmir will not be participating in the discussion or voting on this item.

Councillor Elmir disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason he has residential property in the area and also has associated person/s that own properties within the LGA. As this is a Pecuniary disclosure, Councillor Elmir will not be participating in the discussion or voting on this item.

Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in Item QWN015-20 Status of Technical Investigations - Todd Park for the reason he has in the past been a sponsor of the Kogarah Cougars JRLFC that play out of Todd Park as their home ground. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Elmir will remain in the meeting during the discussion and voting on this item.

The Mayor, Councillor Greene disclosed a Significant Non-Pecuniary Interest in Item CCL045-20 Report of the Environment and Planning Committee Meeting held on 10 August 2020 (ENV031-20 Hurstville Oval and Timothy Reserve Plan of Management and Masterplan) for the reason that he is the President of the St George District Cricket Club who are a licensee of Hurstville Oval. As this is a Significant Non-Pecuniary Interest disclosure, The Mayor, Councillor Greene will not be participating in the discussion or voting on this item.

Councillor Grekas disclosed a Non-Significant Non-Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that she owns a property in the Foreshore Protection/residential zone that may be affected by changes. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Grekas will remain in the meeting during the discussion and voting on this item.

Councillor Hindi made a verbal disclosure of a Significant Non-Pecuniary interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that he owns property in the area and some of his relatives and friends own property also. As this is a Significant Non-Pecuniary Interest disclosure, Councillor Hindi will not be participating in the discussion or voting on this item. 

Councillor Hindi made a verbal disclosure of a Non-Significant Non-Pecuniary interest in Item ENV029-20 Adoption of Local Housing Strategy and Inclusive Housing Strategy for the reason that his parents own a property, part of which is affected with the Housing Strategy. Councillor Hindi indicated that he will not be participating in the discussion and voting on these items.

Councillor Hindi made a verbal disclosure of a Non-Significant Non-Pecuniary interest in Item QWN015-20 Status of Technical Investigations - Todd Park for the reason that he lives in the vicinity of Carss Park. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Hindi will remain in the meeting during the discussion and voting on this item.

Councillor Katris disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason matters relating to Parts 7 and 9, as he is a part owner of a property that is situated within the Rocky Point Road Ramsgate Business District but it is located on the Bayside Council side of Rocky Point Road.  He has also declared a Pecuniary Interest on matters relating to industrial lands and controls for the reason that his office has provided consultancy advice to a current client who may further request advice in the future. He therefore declares the same interests for the purpose of this Draft DCP 2020 and although he does not have an interest in the other Parts of the DCP, which were dealt with separately in the past, he is taking the precautionary measure of declaring this Pecuniary Interest for the whole of the Draft Development Control Plan 2020. As this is a Pecuniary disclosure, Councillor Katris will not be participating in the discussion or voting on this item.

Councillor Konjarski disclosed a Pecuniary Interest in CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that he has a property in Hurstville. As this is a Pecuniary disclosure, Councillor Konjarski will not be participating in the discussion or voting on this item.

Councillor Landsberry disclosed a Non-Significant Non-Pecuniary interest in Item CCL042-20 Report of the Finance and Governance Committee Meeting held on 10 August 2020 (FIN038-20 Property Matter - Beverley Park Golf Course - Easement to Drain Water from Adjoining Residential Property), as her son is a member of the Club. As it is a Non-Significant Non-Pecuniary disclosure, Councillor Landsberry will remain in the meeting during the discussion and voting on this item.

Councillor Liu disclosed a Pecuniary Interest in CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that she owns investment properties in the Council area and former Kogarah residential properties are affected by the changes to the DCP 2020. As this is a Pecuniary disclosure, Councillor Liu will not be participating in the discussion or voting on this item.

Councillor Symington disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that she owns a property in South Hurstville which she lives in (former Kogarah) which is affected by the DCP 2020 changes. As this is a Pecuniary disclosure, Councillor Symington will not be participating in the discussion or voting on this item.

Councillor Tegg disclosed a Non-Significant Non-Pecuniary interest in Item CCL043-20 Report of the Assets and Infrastructure Committee Meeting held on 10 August 2020 (ASS017-20 Review of Bus Shelters within Georges River Local Government Area), as in the review on bus stops, the stop that he uses is located near his house and is mentioned specifically. As it is a Non-Significant Non-Pecuniary disclosure, Councillor Tegg will remain in the meeting during the discussion and voting on this item.

Councillor Tegg disclosed a Non-Significant Non-Pecuniary interest in Item CCL042-20 Report of the Finance and Governance Committee Meeting held on 10 August 2020 (FIN038-20 Property Matter - Beverley Park Golf Course - Easement to Drain Water from Adjoining Residential Property), as his father is a member of the Club. As it is a Non-Significant Non-Pecuniary disclosure, Councillor Tegg will remain in the meeting during the discussion and voting on this item.

Councillor Tegg disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that his primary place of residence is covered by the Kogarah DCP2013. As this is a Pecuniary disclosure, Councillor Tegg will not be participating in the discussion or voting on this item.

Councillor Wu disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that she has a relative with an investment property within the Local Government Area. As this is a Pecuniary disclosure, Councillor Wu will not be participating in the discussion or voting on this item.

Councillor Wu disclosed a Significant Non-Pecuniary Interest in Item CCL042A-20 Code of Conduct Investigation Report - Councillor Christina Wu for the reason that the matter relates to herself. As this is a Significant Non-Pecuniary Interest disclosure, Councillor Wu will not be participating in the discussion or voting on this item.

The General Manager, Gail Connolly disclosed a Pecuniary Interest in Item CCL046-20 DEFERRED REPORT OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING REGARDING THE GEORGES RIVER DEVELOPMENT CONTROL PLAN (ENV030-20) for the reason that she has ownership of property in a Foreshore Area / Residential Zone where DCP controls are proposed to be significantly amended.

 

PUBLIC FORUM

Note:          In lieu of addressing the Council in person, a written submission was received by the following members of the public. The written submissions were read aloud to the meeting by Council staff.

 

ITEM

SPEAKER

QWN015-20 Status of Technical Investigations – Todd Park

Karina McDougall

NM071-20 Public Attendance at Georges River Council Meetings

James Deli

CCL044-20 Report of the Community and Culture Committee Meeting held on 10 August 2020 (COM031-20 Connecting the Community with COVID-19 Safe Events)

Oatley Lions Club (Richard Sheahan)

NM071-20 Public Attendance at Georges River Council Meetings

Ilknur Bayari

NM071-20 Public Attendance at Georges River Council Meetings

United Services Union (Graeme Kelly)

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

CCL041-20       Confirmation of the Minutes of the Ordinary Council Meeting held 27 July 2020

(Report by Executive Services Officer)

RESOLVED: Councillor Tegg and Councillor Grekas

That the Minutes of the Ordinary Council Meeting held on 27 July 2020 be adopted.

Record of Voting:

For the Motion: Unanimous

 

MAYORAL MINUTES

MM018-20         Vale Norm and Beryl Butters and Renaming of the Oatley Senior Citizens Centre in their Honour

                            (Report by The Mayor, Councillor Greene)

RESOLVED:     The Mayor, Councillor Greene and Councillor Elmir

(a)     That Council endorse the proposal to rename the Oatley Senior Citizens Centre to pay tribute to Norm and Beryl Butters, recognising their active contribution to serving the community as well as their strong connection to the suburb of Oatley.

(b)     That Council, in accordance with the Place Naming Policy, seek feedback from the Georges River community and the surviving family of Norm and Beryl Butters regarding the proposed renaming of the Oatley Senior Citizens Centre to the “Norm and Beryl Butters Senior Citizens Centre”.

Record of Voting:

For the Motion: Unanimous

 

MM019-20         Donation to Oatley Lions Supporting Drought - Affected NSW Farmers

                            (Report by The Mayor, Councillor Greene)

RESOLVED:    The Mayor, Councillor Greene and Councillor Grekas

(a)     That Council donate $5,000 through the Oatley Lions Club to support the Donated Hay Distribution Day for drought-affected farmers at Geurie, NSW.

(b)     That Council encourages the local community to donate directly to the Oatley Lions Club, with information to be promoted through Council’s website and social media channels.

Record of Voting:

For the Motion: Unanimous

  

MM020-20         First Council in NSW to Meet Climate Pledges and set five new targets

                            (Report by The Mayor, Councillor Greene)

RESOLVED:    The Mayor, Councillor Greene and Councillor Hindi

That Council note the achievements to date in reaching our initial climate action pledges with the Cities Power Partnership and congratulate Council officers for their ongoing work in the sustainability field.

Record of Voting:

For the Motion: Unanimous

 

 CONDOLENCES

·         Councillor Vince Badalati expressed condolences in regard to the recent passing of Ms Beryl McCain a former long-time employee at Hurstville City Council. She was secretary over many years to three General Managers - Howard Wallace, John Patterson and Victor Lampe.

 

When she was younger, Beryl had a great interest in athletics and at one stage was seen as the heir apparent to Marlene Matthews. She was a long-time member of the St George Athletics Club and was very close to Alby Thomas, who went on to win gold at the Commonwealth Games and represent Australia in the Olympic games.

 

Councillor Badalati attended her funeral last Saturday, a very sad occasion and she will be remembered by all who worked with her.

 

·         The Mayor Councillor Greene expressed condolences in regard to the recent passing  of Mr. Ken Rogerson a well-known resident of Peakhurst South, who was a regular attendee at Council meetings. He passed away on 30 July 2020.  Much loved husband of Val, loved father and father in law of Karen and Jeff, Mark and Sonya and adored grandfather of James, Cole, Lachlan, Marc and Bailey. He was aged 84 years.

Over the years Ken had many interactions with the Mayor and Councillors of the former Hurstville City Council.  He was very passionate about his community.  One of Ken’s great passions was his dislike of graffiti and he was very keen to see that eradicated.  Unfortunately in recent years Ken has not been well and that was clearly demonstrated with his beautiful cooch lawn which he was unable to spend as much time as he used to.

To his wife and family we offer our sincere condolences.

 

·         Councillor Katris expressed his sincere sympathies and condolences to all those people that lost their loved ones in the devastating accident in Beirut, Lebanon.

 

·         Councillor Badalati expressed his condolences to all those in Victoria and other states who have lost a loved one to COVID-19.

 

Note:        A moment’s silence was observed by Councillors and staff who were present at the meeting.

 

 

COMMITTEE REPORTS

CCL042-20       Report of the Finance and Governance Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

Note:    Councillor Landsberry disclosed a Non-Significant Non-Pecuniary interest in Item CCL042-20 / FIN038-20. Councillor Landsberry remained in the meeting during the discussion and voting on this item.

Note:       Councillor Tegg disclosed a Non-Significant Non-Pecuniary interest in Item CCL042-20 / FIN038-20. Councillor Tegg remained in the meeting during the discussion and voting on this item.

RESOLVED:    Councillor Badalati and Councillor Elmir

That the Committee recommendations for Items FIN032-20 to FIN038-20 as detailed below be adopted by Council.

FIN032-20         Report on Outstanding Council Resolutions (Period up to and including 30 June 2020)

That the report on Outstanding Council Resolutions (period up to and including 30 June 2020), be received and noted.

FIN033-20         Local Government NSW (LGNSW) 2020 Annual Conference - Voting Delegates and Submission of Motions

(a)     That Council nominate nine (9) Councillors to attend the 2020 Local Government NSW Annual Conference as voting delegates and any other Councillors to attend as observers.

(b)     That Council consider any motions it wishes to submit to the 2020 Local Government NSW (LGNSW) Annual Conference.

(c)     That Council review and confirm motions, to be submitted for the LGNSW Conference, at the Council meeting of 24 August 2020 (item CCL047-20).

(d)     That Council note that the General Manager will nominate staff to attend the Conference.

FIN034-20         Administrative Matter - Execution of Documents Under Delegated Authority (1 July 2020 to 31 July 2020)

That Council note, for the period 1 July 2020 to 31 July 2020, there were two (2) documents executed by the General Manager under delegation.

FIN035-20         Audit, Risk and Improvement Committee Minutes from meetings held on 23 March and 13 July 2020

(a)  That the confirmed Minutes of the Audit, Risk and Improvement Committee Meeting held on the 23 March 2020 be received and noted.

(b)   That the unconfirmed Minutes of the Audit, Risk and Improvement Committee Meeting held on the 13 July 2020 be received and noted.

FIN036-20         Investment Report as at 30 June 2020

That Council receives and notes the contents of the Investment Report as at 30 June, 2020.

FIN037-20         NSW Government Grants to Georges River Council

That Council receives and notes the information contained within this report.

FIN038-20         Property Matter - Beverley Park Golf Course - Easement to Drain Water from Adjoining Residential Property

(a)     That Council grants an Easement to Drain Water over Lot 1 in DP1115160, being part of the Beverley Park Golf Course as generally detailed in this report.

(b)     That the General Manager be authorised to execute the Section 88B Instrument or Transfer Granting Easement and all associated documentation to create the easement under Common Seal of the Council, if required.

(c)     That Council note that all costs associated with the granting of the easement are met by the applicant.

Record of Voting:

For the Motion: Unanimous

 

 

CCL043-20       Report of the Assets and Infrastructure Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

Note:    Councillor Tegg disclosed a Non-Significant Non-Pecuniary interest in this Item. Councillor Tegg remained in the meeting during the discussion and voting on this item.

RESOLVED:    Councillor Grekas and Councillor Katris

That the Committee recommendations for Items ASS016-20 to ASS018-20 as detailed below be adopted by Council.

ASS016-20        Georges River Local Traffic Advisory Committee Meeting - 4 August 2020

That the recommendations contained within the minutes of the Georges River Local Traffic Advisory Committee Meeting held on 4 August 2020 be adopted by Council.

ASS017-20        Review of Bus Shelters within Georges River Local Government Area

That the report be received and noted.

ASS018-20        Tender for the Provision of Cleaning Services - T19/022

(a)     That, pursuant to Section 178 (1)(a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T19/022 Tender for Cleaning Services

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

(c)     That Council inform the unsuccessful tenderers of the resolution.

Record of Voting:

For the Motion: Unanimous

 

 

CCL044-20       Report of the Community and Culture Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

RESOLVED:    Councillor Landsberry and Councillor Tegg

That the Committee recommendations for Items COM030-20 to COM033-20 as detailed below be adopted by Council.

COM030-20       Quarterly Community Property Report 1 April to 30 June 2020

That Council receives and notes the Community Property Report for the period 1 April 2020 to 30 June 2020.

COM031-20       Connecting the Community with COVID-19 Safe Events

(a)     That Council approves the COVID-19 Safe Community Event Program as detailed in the report;

(b)     That Council reallocate $53,500 towards the COVID-19 Safe Community Event Program from the 2020/21 budget allocated for the sponsorship of community-run events;

(c)     That Council note the 2020/21 savings of $53,500 for the remainder of the sponsorship of community-run events; and

(d)     That the General Manager be authorised to undertake any necessary amendments to the ongoing Event Program arising from contingency planning and risk mitigation due to COVID-19 health advice or NSW Public Health Orders.

COM032-20       Hurstville City Centre Revitalisation Projects - Draft Concept Designs

(a)     That Council endorse the draft Hurstville City Centre Revitalisation public domain concept designs as attached to this report for community consultation and public exhibition.

(b)     That the General Manager actively seek appropriate grant funding for the construction of the key elements of the public domain identified in the draft concept designs.

(c)     That the General Manager write to the Member for Oatley and the Member for Banks to seek their support for funding for the construction of the key elements of the public domain identified in the draft concept designs.

COM033-20       Economic and Social Recovery Plan - August 2020 Update

That the report be received and noted.

Record of Voting:

For the Motion: Unanimous

Note:          Due to disclosing a Significant Non-Pecuniary interest in the following Item (ENV031-20 Hurstville Oval and Timothy Reserve Plan of Management and Masterplan), the Mayor, Councillor Greene left the meeting at 8.06pm.

Note:          The Mayor, Councillor Greene vacated the Chair 8.06pm.

Note:          In the absence of the Chairperson, the Deputy Mayor, Councillor Hindi assumed the position of Chair, time being 8.06pm.

CCL045-20       Report of the Environment and Planning Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

ENV031-20       Adoption of Hurstville Oval and Timothy Reserve Plan of Management and Masterplan

Note:          The Mayor, Councillor Greene disclosed a Significant Non-Pecuniary interest in this Item. The Mayor, Councillor Greene did not participate in the discussion or voting on this item.

RESOLVED:    Councillor Katris and Councillor Landsberry

(a)     That Council, pursuant to section 40(2)(b) of the NSW Local Government Act 1993, confirms that the amendments to the Hurstville Oval and Timothy Reserve Plan of Management are not substantial and do not require further public exhibition.

(b)     That Council adopt the Hurstville Oval and Timothy Reserve Plan of Management and Masterplan in accordance with section 40 of the NSW Local Government Act 1993 (LG Act) and in accordance with section 3.23(6) of the Crown Lands Management Act (CLM Act).

(c)     That Council authorise the General Manager to make minor editorial modifications in the finalisation of the Hurstville Oval Plan of Management and Masterplan.

(d)     That all individuals who provided a submission during the public exhibition of the Hurstville Oval Plan of Management and Masterplan be notified of Council’s decision.

(e)     That the adopted Plan of Management and Masterplan be forwarded to the Department of Planning, Industry and Environment - Crown Lands.

Record of Voting:

For the Motion:        Councillors Agius, Elmir, Grekas, Hindi, Katris, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu

Against the Motion: Councillor Badalati

 

On being Put to the meeting, the voting on this Motion was twelve (12) votes FOR and one (1) vote AGAINST. The Motion was CARRIED.

Note:          The Mayor, Councillor Greene returned to the meeting at 8.09pm and resumed the position of Chair.

Note:          Due to disclosing a Non-Significant Non-Pecuniary interest in the following item (ENV029-20 Adoption of Local Housing Strategy and Inclusive Housing Strategy), the Deputy Mayor, Councillor Hindi left the meeting at 8.09pm.

Note:          Due to disclosing a Pecuniary interest in the following item (ENV029-20 Adoption of Local Housing Strategy and Inclusive Housing Strategy), Councillor Elmir left the meeting at 8.09pm.

 

CCL045-20       Report of the Environment and Planning Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

ENV029-20       Adoption of Local Housing Strategy and Inclusive Housing Strategy

Note:          Deputy Mayor, Councillor Hindi disclosed a Non-Significant Non-Pecuniary interest in this Item. Deputy Mayor, Councillor Hindi did not participate in the discussion or voting on this item.

Note:          Councillor Elmir disclosed a Pecuniary interest in this item. Councillor Elmir did not participate in the discussion or voting on this item.

RESOLVED:    Councillor Katris and Councillor Badalati

(a)     That Council adopt the Local Housing Strategy and Inclusive Housing Strategy as strategic planning documents that will inform the development of policies and planning directions.

(b)     That Council delegate to the General Manager to approve any minor modifications in the finalisation of the Local Housing Strategy and Inclusive Housing Strategy.

(c)     That Council write to all those that made a submission advising them of the adoption of the Local Housing Strategy and the Inclusive Housing Strategy.

(d)     That the adopted copy of the Local Housing Strategy be forwarded to the Department of Planning, Industry and Environment.

Record of Voting:

For the Motion: Unanimous

 

Note:          Deputy Mayor, Councillor Hindi and Councillor Elmir returned to the meeting at 8.10pm.

CCL045-20       Report of the Environment and Planning Committee Meeting held on 10 August 2020

(Report by Executive Services Officer)

RESOLVED:    Councillor Katris and Councillor Hindi

That the Committee recommendations for Items ENV032-20 and ENV033-20 as detailed below be adopted by Council.

ENV032-20       Georges River Local Environmental Plan 2021 (Planning Proposal - Housing Choice and Capacity)

(a)     That Council resolve to prepare a Planning Proposal (stage 2 of the Principal LEP to be known as LEP 2021) to amend the Kogarah and Hurstville Local Environmental Plans (or if gazetted, Georges River LEP 2020) to promote housing choice and create capacity for additional dwellings to meet the Greater Sydney Commission’s 6-10 year housing target (3,450 - 4,250 additional dwellings).

(b)     That Council authorise the General Manager to execute the renewed funding agreement with the NSW Government to utilise the surplus grant funding from the Accelerated LEP Program to enable the preparation of stage 2 of the Principal LEP, the Georges River Local Environmental Plan 2021 (“LEP 2021”), and to commence stage 2 of the Commercial Centres Strategy including the preparation of the masterplan for the Mortdale Local Centre.

ENV033-20       Environmental Planning and Assessment (Local Infrastructure Contributions) Directions 2020

That Council note the provisions of the Environmental Planning and Assessment (Local Infrastructure Contributions) Directions 2020.

Record of Voting:

For the Motion: Unanimous

 

ADJOURNMENT OF MEETING

With the time being 8.15pm, The Mayor, Councillor Greene called for an adjournment to the meeting.

 

Note:        At the time of the Adjournment, the following fourteen (14) Councillors were present; The Mayor, Councillor Greene and Councillors Agius, Badalati, Elmir, Grekas, Hindi, Katris, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu.

 

Note:        Council adjourned at 8.15pm.

RECONVENED MEETING

At 8.22pm The Mayor, Councillor Greene reconvened the meeting.

 

Note:        At the time the meeting was reconvened, the following fourteen (14) Councillors were present; The Mayor, Councillor Greene and Councillors Agius, Badalati, Elmir, Grekas, Hindi, Katris, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu.

 

Note:        Council reconvened at 8.22pm.

 

 

 

ENVIRONMENT AND PLANNING

CCL046-20       DEFERRED REPORT FROM ENVIRONMENT AND PLANNING COMMITTEE MEETING 10 AUGUST 2020 (ENV030-20) - Public Exhibition of Draft Georges River Development Control Plan 2020

(Report by Senior Strategic Planner)

Note:    Councillor Agius disclosed a Pecuniary interest in this Item.

Note:    Councillor Elmir disclosed a Pecuniary interest in this Item.

Note:    Councillor Grekas disclosed a Pecuniary interest in this Item.

Note:    Councillor Hindi disclosed a Significant Non-Pecuniary interest in this Item.

Note:    Councillor Katris disclosed a Pecuniary interest in this Item.

Note:    Councillor Konjarski disclosed a Pecuniary interest in this Item.

Note:    Councillor Liu disclosed a Pecuniary interest in this Item.

Note:    Councillor Symington disclosed a Pecuniary interest in this Item.

Note:    Councillor Tegg disclosed a Pecuniary interest in this Item.

Note:    Councillor Wu disclosed a Pecuniary interest in this Item.

Note:    The General Manager, Gail Connolly disclosed a Pecuniary Interest in this Item.

RESOLVED:    Councillor Katris and Councillor Symington

(a)       That Council note that due to the nature and number of disclosures of interest made, Council will not have a quorum present for the consideration of Item CCL046-20 Deferred Report from Environment and Planning Committee Meeting 10 August 2020 (ENV030-20) - Public Exhibition of Draft Georges River Development Control Plan 2020 held on 24 August 2020; and

(b)       That having regard to the lack of quorum, Council delegate the Council functions under Part 3, Division 3.6 of the Environmental Planning and Assessment Act 1979 in relation to the Draft Georges River Development Control Plan 2020 including the determination of the matters contained in recommendation of Item CCL046-20 Deferred Report from Environment and Planning Committee Meeting 10 August 2020 (ENV030-20) - Public Exhibition of Draft Georges River Development Control Plan 2020 held on 24 August 2020 to the Georges River Local Planning Panel.

Record Of Voting:

 

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

 

Against the Motion: Councillors Badalati, Hindi and Payor

 

On being Put to the meeting, the voting on this Motion was eleven (11) votes FOR and three (3) votes AGAINST. The Motion was CARRIED.

 

 FINANCE AND GOVERNANCE

CCL047-20       Motions for 2020 Local Government NSW (LGNSW) Annual Conference

(Report by Manager, Office of the General Manager)

RESOLVED:    Councillor Badalati and Councillor Katris

(a)       That Councillors be invited to propose motions for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference, noting that Motions are due on 16 September 2019.

(b)       That voting delegates for the 2020 Local Government NSW Annual Conference are to be registered as; Councillors Hindi, Badalati, Katris, Symington and Tegg.

(c)       That Council note that the 2020 Local Government NSW Annual Conference will be held remotely and will not be held at the Hunter Valley, thus any expenses quoted in the report are no longer relevant. The only cost will be for conference registration which is estimated to be less than $100 per Councillor.

Record of Voting:

For the Motion: Unanimous

 

RESOLVED: Councillor Tegg and Councillor Katris

That Council endorse the Motion listed below for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference.

MOTION 1:   DEBT MANAGEMENT AND HARDSHIP POLICY FOR NSW PENSIONERS

(a)       That Local Government NSW lobby the NSW Office of Local Government and the Minister for Local Government, the Hon Shelley Hancock MP to expand the mandatory provisions relating to pensioners and the payment of rates in the Local Government Act 1993 to:

                          i.          Permit eligible pensioners to defer payment of rates until the sale of their properties, without being charged penalty interest and where the pensioner meets the eligibility criteria established in a council’s adopted Debt Management and Hardship Policy;

                         ii.          Permit eligible pensioners to pay their rates in monthly instalments, at no additional cost; and

                       iii.          Require all NSW councils to adopt a Debt Management and Hardship Policy (or similar) to ensure vulnerable members of the community can arrange to pay their rates via a payment plan without penalty interest accruing.

(b)       That Local Government NSW lobby the NSW Office of Local Government and the Minister for Local Government, the Hon Shelley Hancock MP to prepare a Model Debt Management and Hardship Policy for introduction across all NSW local councils.

Record of Voting:

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

Against the Motion:  Councillor Badalati

On being Put to the meeting, the voting on this Motion was thirteen (13) votes FOR and one (1) vote AGAINST. The Motion was CARRIED.

RESOLVED: Councillor Tegg and Councillor Katris

That Council endorse the Motion listed below for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference.

MOTION 2:   USE OF ELECTRONIC SIGNATURES ON ELECTORAL COMMISSION DOCUMENTS

That Local Government NSW lobby the NSW Electoral Commission and the NSW Government to:

(a)       improve compliance outcomes and ensure accessibility for all members of the community, all existing processes (including forms) for candidates and public office holders be reviewed to ensure that they are simple and easy to understand

(b)       reduce the administrative burden on citizens seeking to be involved in Local Government by amending all relevant legislation and regulations to permit electoral documents, including periodic disclosures, to be signed and lodged electronically.

Record of Voting:

For the Motion: Unanimous

RESOLVED: Councillor Tegg and Councillor Landsberry

That Council endorse the Motion listed below for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference.

MOTION 3:   COUNCIL MEETING MINUTES - MODEL CODE OF MEETING PRACTICE AND LOCAL GOVERNMENT ACT 1993

That Local Government NSW lobby the NSW Office of Local Government and the Minister for Local Government, the Hon Shelley Hancock MP to amend the provisions of the Local Government Act 1993 and the Model Code of Meeting Practice for NSW Local Councils to require councils to publish unconfirmed minutes of council and committee meetings to provide suitable legal protection to councils to act on decisions without breaching other legislation and to allow the public to view the decisions of council in writing in a timely manner.

Record of Voting:

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

Against the Motion:  Councillor Katris

On being Put to the meeting, the voting on this Motion was thirteen (13) votes FOR and one (1) vote AGAINST. The Motion was CARRIED.

RESOLVED: Councillor Tegg and Councillor Hindi

That Council endorse the Motion listed below for submission to Local Government NSW for inclusion in the Business Papers for the 2020 Local Government NSW Annual Conference.

MOTION 4: PROTECTING DEMOCRACY AT THE 2021 LOCAL GOVERNMENT ELECTIONS

(a)       That Local Government NSW:

                          i.          Calls for the NSW Government to protect local democracy by ensuring councils and communities retain choice in their method of voting to encourage more people to participate in the electoral process.

                         ii.          Calls for the NSW Government to ensure local government elections are conducted in a manner as similar as possible to State elections to make democratic participation simple for voters and support voter turnout.

                       iii.          Opposes the introduction of universal postal voting which risks disenfranchising voters through discouraging voter participation and diminishing the status of local government.

                       iv.          Calls for the NSW Government to fund any increase in the costs of local government elections beyond the rate peg imposed on councils.

(b)       That Council writes to the Premier, Minister for Local Government, Chris Minns MP, Mark Coure MP and Steve Kamper MP to advocate on the matters raised above.

Record of Voting:

For the Motion: Unanimous

 

CCL048-20       COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - August 2020 Report

(Report by Manager, Office of the General Manager)

RESOLVED:    Councillor Hindi and Councillor Grekas

That Council note the register of actions taken pursuant to the Instrument of Delegation to the Mayor (Emergency Administrative Provisions).

Record of Voting:

For the Motion: Unanimous

 

 

Note:          Councillor Wu left the meeting at 9.22pm and did not return.

CCL049-20       2021/2022 New Rates Program for Georges River

(Report by Chief Financial Officer)

RESOLVED:    The Mayor, Councillor Greene and Councillor Katris

(a)     That Council note the independent Audit Risk and Improvement Committee’s recommendation to immediately address key financial sustainability risks, including increasing revenues to secure Council’s immediate and long term future.

(b)     That arising from consideration of the recommendation of the Audit Risk and Improvement Committee, Council endorse the 2021/2022 New Rates Program, which includes the Community Engagement Framework and proposed timeframe.

(c)     That Council, in response to the community’s feedback for a fair and more equitable and uniform rating structure, eliminating the disparity between the Hurstville and Kogarah Minimum Rates and in compliance with the legislative requirement to harmonise Council’s rating structure, approve the General Manager to formally notify the Independent Pricing and Regulatory Tribunal (IPART) that following consideration of community engagement, Council’s intention is to submit an application to the IPART to establish a new Minimum Residential Rate of $965.80 to take effect from the 2021/22 rating year.

(d)     That Council, in response to the community’s feedback for a fairer and more equitable distribution of the rate burden between residential and business ratepayers and in compliance with the requirement to harmonise Council’s rate structure, Council approves the business properties within the Business sub-category “Major Commercial Centres of Hurstville and Kogarah” to have a higher Minimum Business Rate than other business sub-categories.

(e)     That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to submit an application to establish a new Minimum “Major Commercial Centres of Hurstville and Kogarah” Business Rate of $1,500 to take effect from the 2021/22 rating year.

(f)      That the General Manager formally notify IPART that following consideration of community engagement, Council’s intention is to submit an application to establish a new Minimum Business Rate for all other subcategories of $1,100 to take effect from the 2021/22 rating year.

(g)     That in the interest of having a harmonised, fairer and more equitable structure for Business Rates throughout the Georges River Council local government area, Council discontinues the use of the former Hurstville Town Improvement special rates across the Hurstville, Mortdale and Riverwood town centres, commencing in the 2021/22 rating year. 

(h)     That in response to overwhelming community support and feedback for a fairer and more equitable rating structure, Council approves the creation of a new business sub-category named “Major Shopping Complex” and the implementation of a rate in the dollar comparable to shopping centre rates in other metropolitan councils in the 2021/22 rating year. 

(i)      That Council acknowledges it must comply with its statutory obligations pursuant to Section 8B of the NSW Local Government Act 1993 on the principles of sound financial management as detailed in the report.

(j)      That in response to Council’s obligations  under Section 8B of the NSW Local Government Act 1993, the General Manager formally notify the IPART that following consideration of community engagement, Council’s intention is to apply for a multi-year Special Variation (SV) of 5.8% to its rates in 2021/22 (3.3% Special Rate Variation (SRV) and 2.5% assumed rate peg) followed by 5.8% per year for 4 years (16.5% SRV and 12.5% assumed rate peg), in order to replace cessation of the former Hurstville City Council’s SV and to ensure Council’s long term financial sustainability.

(k)     That Council acknowledge that the proposed SV will not resolve the current gap in Council’s forecast operating deficit, and an estimated $8.7 million in favourable financial turnaround is required, either through other revenue increases and/or service reductions.

Record of Voting:

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

Against the Motion:   Councillors Badalati, Hindi (abstained) and Konjarski (abstained)

On being Put to the meeting, the voting on this Motion was ten (10) votes FOR and three (3) votes AGAINST. The Motion was CARRIED.

 NOTICES OF MOTION

NM064-20          Accelerated Delivery of the Georges River Council Youtube Channel

(Report by Councillor Konjarski)

RESOLVED:    Councillor Konjarski and Councillor Liu

That, in light of the ongoing COVID-19 restrictions and the adverse impacts on the performing arts sector, Council accelerates the establishment of the dedicated Council YouTube channel as a platform for streaming performances with the aim of creating opportunities for the local community to experience cultural performances, supporting the arts industry and positioning Georges River Council as a leader in the arts.

Record of Voting:

For the Motion: Unanimous

Note:          Deputy Mayor, Councillor Hindi left the meeting at 9.35pm.

NM065-20          COVID-19: Maintaining and Enhancing Business Confidence into 2021 and Beyond

(Report by Councillor Liu)

RESOLVED:    Councillor Liu and Councillor Konjarski

(a)     That Council continue to enhance its COVID-19 Economic Social Recovery Plan and introduce a program to promote and encourage local business to become “COVID safe” and survive during the current pandemic and into 2021.

(b)     That the “COVID safe” program provide information to businesses and the broader community on:

i.     financial support available from the all levels of government for business;

ii.    how Council is supporting “buy local” and what the local community can do to support local businesses;

iii.   keeping your business running and the community COVID Safe; and

iv.   how to promote your business and learn new skills to survive and thrive.

Record of Voting:

For the Motion: Unanimous

Note:          Deputy Mayor, Councillor Hindi returned to the meeting at 9.38pm.

NM066-20          Amendment to Debt Management and Hardship Policy (Investigation of Low Income Rate Rebate)

(Report by Councillor Tegg)

RESOLVED:    Councillor Tegg and Councillor Katris

(a)     That the General Manager prepares a comprehensive report on the feasibility of amending Council’s Debt Management and Hardship Policy to introduce a Low Income Rate Rebate (LIRR) for the 2021/22 financial year.

(b)     That the report address (amongst other things):

i.     Adoption of the Henderson Poverty Line + 15% as an appropriate household income benchmark from which ratepayer eligibility should be assessed;

ii.    The establishment of an annual application system that would enable eligible ratepayers to obtain a LIRR (in addition to entering into a payment plan if required);

iii.   The establishment of a tiered LIRR approach (with appropriate modelling of rebates between $75 and $150) to assess the impact on Council’s total rates income and adopted operating deficit on both an annual and longer term basis;

iv.   The impact that the introduction of a LIRR would have on Council’s upcoming application to the NSW Independent Pricing and Regulatory Tribunal for the harmonisation of the minimum rate and rate in the dollar and the introduction of a Special Rate Variation in 2021; and

v.    The operation of other similar rate rebate schemes for low income households that may exist in the Sydney metropolitan area.

Record of Voting:

For the Motion: Unanimous

 

NM067-20          Congratulations to Georges River Council Officers - NSW Local Government Excellence Awards

(Report by Councillor Grekas)

RESOLVED:    Councillor Grekas and Councillor Tegg

That Council congratulate Council’s People and Culture Team, participating Councillors and staff for achieving Highly Commended for two award submissions in the NSW Local Government Excellence Awards 2020.

Record of Voting:

For the Motion: Unanimous

Note:          The Mayor, Councillor Greene left the meeting at 9.45pm and vacated the Chair.

Note:          In the absence of the Chairperson, the Deputy Mayor, Councillor Hindi assumed the position of Chair, time being 9.45pm.

Note:          The Mayor, Councillor Greene returned to the meeting at 9.47pm and resumed the position of Chair.

NM068-20          Congratulations to Officers on the Establishment of Oatley West Early Learning Centre

(Report by Councillor Symington)

RESOLVED:    Councillor Symington and Councillor Katris

That, in light of the September 2020 opening of the newly constructed Oatley West Early Learning Centre, Council congratulates Council Officers for their outstanding efforts in the construction and fitout of Oatley West Early Learning Centre.

Record of Voting:

For the Motion: Unanimous

 

NM069-20          Donation to Red Cross Lebanese Appeal

(Report by Councillor Hindi)

RESOLVED:    Councillor Hindi and Councillor Badalati

(a)     That Council donate $30,000 to the Australian Red Cross appeal in support of the Lebanese people who have suffered through the tragic explosion in Beirut on 5 August 2020, which killed over 200 people, injured more than 6,000 people, and left nearly 300,000 people homeless; and

(b)     That Council encourages the local community to donate directly to the Australian Red Cross appeal, with information to be promoted through Council’s website and social media channels.

Record of Voting:

For the Motion: Unanimous

 

NM070-20          Proposed Changes to Georges River Local Government Area Boundary

(Report by Councillor Badalati)

RESOLVED:    Councillor Badalati and Councillor Hindi

(a)       That, in accordance with Section 218E of the NSW Local Government Act 1993, the General Manager prepare an Amalgamation Proposal to be submitted to the Minister for Local Government, proposing an amalgamation of the areas:

             i.          The area located in Riverwood and Narwee between the Georges River Council LGA and Watson Electoral Division boundary lines by making use of the M5 motorway which lies on the Watson boundary line and the natural boundary of Salt Pan Creek which is also the boundary of the State Electoral District of Oatley. These areas are currently located within the Canterbury Bankstown LGA; and

            ii.          The area located east of the Georges River Council LGA boundary which is located in the Cook Electoral Division, bounded by President Avenue. This area is currently located within the Bayside LGA. This amalgamation would result in the entire Federal Electoral Division of Cook located north of the Georges River being located within the Georges River LGA.

(b)       That prior to the submission of the Amalgamation Proposal, the General Manager conduct appropriate community engagement in respect to the proposed boundary changes.

Record of Voting:

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

Against the Motion:   Councillors Landsberry and Payor

On being Put to the meeting, the voting on this Motion was eleven (11) votes FOR and two (2) votes AGAINST. The Motion was CARRIED.

 

NM071-20          COVID-19: Public Attendance at Georges River Council Meetings

(Report by Councillor Hindi)

RESOLVED:    Councillor Hindi and Councillor Katris

(a)       That Council amend the Code of Meeting Practice to allow members of the public to participate in all Advisory Committee, Standing Committee and Council meetings, via audio/visual link for the purpose of making an address to the meeting.

(b)       That, until such time as the Code of Meeting Practice is formally changed, Council endorse members of the public to participate in all Advisory Committee, Standing Committee and Council meetings via an audio/visual link for the purpose of making an address to the meeting.

Record of Voting:

For the Motion: Unanimous

 QUESTIONS WITH NOTICE

QWN014-20      Media Statement - St George and Sutherland Shire Leader

(Report by Councillor Badalati)

Note:     This item was withdrawn by Councillor Badalati at the meeting.

 

QWN015-20      Status of Technical Investigations - Todd Park

(Report by Councillor Landsberry)

Note:          Councillor Elmir disclosed a Non-Significant Non-Pecuniary Interest in this item. Councillor Elmir remained in the meeting during the discussion an voting of this item.

Note:          Deputy Mayor, Councillor Hindi disclosed a Non-Significant Non-Pecuniary Interest in this item. Deputy Mayor, Councillor Hindi remained in the meeting during the discussion an voting of this item.

RESOLVED:    Councillor Landsberry and Councillor Katris

That the information be received and noted.

Record of Voting:

For the Motion: Unanimous

 

QWN016-20      Cafe/Kiosk in Carss Bush Park, Carwar Avenue, Carss Park - Lease Arrangements

(Report by Councillor Landsberry)

RESOLVED:    Councillor Landsberry and Councillor Katris

That the information be received and noted.

Record of Voting:

For the Motion: Unanimous

  Note:        Councillor Grekas left the meeting at 10.31pm and did not return to the meeting.

MOVE TO CLOSED SESSION

RESOLVED: Councillor Katris and Councillor Tegg

At this stage of the meeting being 10.36pm 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 items:

CCL042A-20     Code of Conduct Investigation Report - Councillor Christina Wu

(Report by Complaint Coordinator (Director, Legal Services and General Counsel))

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.

CCL043A-20     Code of Conduct Investigation Report: Councillor Vince Badalati

(Report by Complaint Coordinator (Chief Audit Executive))

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.

Record of Voting

For them Motion: Unanimous

 

 

Note:          Deputy Mayor, Councillor Hindi left the meeting at 10.41pm.

Note:          Councillor Agius left the meeting at 10.41pm and did not return to the meeting.

Note:        The meeting moved into Closed Confidential session at 10.41pm.

 

CLOSED SESSION

CONFIDENTIAL ITEMS

EXTENSION OF TIME

RESOLVED:     Councillor Tegg and Councillor Katris

That with the time being 10.41pm, that Council extend the meeting beyond 11.00pm if required, to ensure all matters on the business paper are considered by Council.

Record of Voting

For them Motion: Unanimous

Note:          The following Councillors were present for the discussion on Item CCL042A-20;

The Mayor, Councillor Greene and Councillors Badalati, Elmir, Katris, Konjarski, Landsberry, Liu, Payor, Symington and Tegg.

Note:          The following staff were present during the discussion on Item CCL042A-20;

The General Manager, Director Legal Services and General Counsel, Chief Audit Executive and Manager, Office of the General Manager.

CCL042A-20     Code of Conduct Investigation Report - Councillor Christina Wu

(Report by Complaint Coordinator (Director, Legal Services and General Counsel))

RECOMMENDATION: The Mayor, Councillor Greene and Councillor Tegg

That consideration of this item be deferred to the September 2020 meeting of Council.

Record of Voting:

For the Motion: Unanimous

Note:          Deputy Mayor, Councillor Hindi returned to the meeting at 10.45pm.

Note:          Councillor Badalati was provided with an opportunity to address the meeting in regard to Item CCL043A-20, time being 10.47pm.

Note:          Councillor Badalati left the meeting at 10.50pm and did not participate in the discussion or voting on Item CCL043A-20.

Note:          The following Councillors were present for the discussion on Item CCL043A-20;

The Mayor, Councillor Greene and Councillors Hindi, Elmir, Katris, Konjarski, Landsberry, Liu, Payor, Symington and Tegg.

Note:          The following staff were present during the discussion on Item CCL043A-20;

The General Manager, Director Legal Services and General Counsel, Chief Audit Executive and Manager, Office of the General Manager.

CCL043A-20     Code of Conduct Investigation Report: Councillor Vince Badalati

(Report by Complaint Coordinator (Chief Audit Executive))

RECOMMENDATION: Councillor Tegg and Councillor Katris

That:

(a)     Council adopt the external Conduct Reviewer’s recommendation.

(b)     Pursuant to section 440G of the Local Government Act, 1993 (NSW)(LG Act), Councillor Vince Badalati be formally censured by Council for breaching the Council’s Code of Conduct.

(c)     Should Council determine to censure Councillor Vince Badalati, Council makes public the findings of inappropriate conduct by Councillor Vince Badalati by publishing those findings in the Minutes as:

It is alleged that on 16 December 2019, at the ordinary meeting of the Council, during the discussion of agenda item NM127-19 (relating to “Community Survey on Election of Mayor by Georges River Community”), and with the meeting open to the public and being live broadcast on the Internet, you behaved in a manner towards Councillor Sandy Grekas that was abusive and intimidating, and was likely to bring Council into disrepute.

The particulars of this allegation are as follows:

(a) You interjected without having the floor and shouted at Councillor Grekas saying “You are”, in relation to being an embarrassment.

The external Conduct Reviewer has found that the allegation is substantiated.

Record of Voting:

For the Motion:         The Mayor, Councillor Greene and Councillors Elmir, Katris, Konjarski, Liu, Symington and Tegg

Against the Motion:   Councillors Hindi, Landsberry and Payor

On being Put to the meeting, the voting on this Motion was seven (7) votes FOR and three (3) votes AGAINST. The Motion was CARRIED.

OPEN COUNCIL

RESOLVED:    Councillor Tegg and Councillor Hindi

That the meeting revert to Open Council, time being 11.11pm.

Record of Voting:

For the Motion: Unanimous

Note:          Councillor Badalati returned to the meeting at 11.13pm.

Note:          Council reverted to Open Session at 11.13pm.

CONFIRMATION OF RECOMMENDATIONS FROM CLOSED SESSION

RESOLVED:       Councillor Tegg and Councillor Katris

That the Committee of the Whole recommendations from the Closed Session in relation to Item CCL042A-20 (Code of Conduct Investigation Report: Councillor Christina Wu) and Item CCL043A-20 (Code of Conduct Investigation Report: Councillor Vince Badalati) of this meeting be received and noted as a resolution of Council without any alteration or amendment thereto.

That the recommendations of the Closed Session be adopted, as follows;

CCL042A-20     Code of Conduct Investigation Report - Councillor Christina Wu

(Report by Complaint Coordinator (Director, Legal Services and General Counsel))

 

That consideration of this item be deferred to the September 2020 meeting of Council.

 

CCL043A-20     Code of Conduct Investigation Report: Councillor Vince Badalati

(Report by Complaint Coordinator (Chief Audit Executive))

That:

(a)     Council adopt the external Conduct Reviewer’s recommendation.

(b)     Pursuant to section 440G of the Local Government Act, 1993 (NSW)(LG Act), Councillor Vince Badalati be formally censured by Council for breaching the Council’s Code of Conduct.

(c)     Should Council determine to censure Councillor Vince Badalati, Council makes public the findings of inappropriate conduct by Councillor Vince Badalati by publishing those findings in the Minutes as:

It is alleged that on 16 December 2019, at the ordinary meeting of the Council, during the discussion of agenda item NM127-19 (relating to “Community Survey on Election of Mayor by Georges River Community”), and with the meeting open to the public and being live broadcast on the Internet, you behaved in a manner towards Councillor Sandy Grekas that was abusive and intimidating, and was likely to bring Council into disrepute.

The particulars of this allegation are as follows:

(a) You interjected without having the floor and shouted at Councillor Grekas saying “You are”, in relation to being an embarrassment.

The external Conduct Reviewer has found that the allegation is substantiated.

Record of Voting:

For the Motion: Unanimous

CONCLUSION

The Meeting was closed at 11.15pm

Chairperson

Mayor, Councillor Kevin Greene

Minutes confirmed at the Ordinary Meeting of Council on 28 September 2020 (CCL054-20)