AGENDA


Council Meeting

 

Monday, 23 November 2020

7.00pm

 

Dragon Room (Level 1, Georges River Civic Centre, Hurstville)

and

Skype Online Meeting

 

 

 

 

 

 

 

 

 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 2

 

Ordinary Meeting

 ORDER OF BUSINESS

1.      OPENING

2.      NATIONAL ANTHEM

3.      PRAYER

4.      ACKNOWLEDGEMENT OF COUNTRY

Council acknowledges the traditional custodians of the land on which this meeting is being held as the Biddegal people of the Eora Nation.

5.      APOLOGIES / LEAVE OF ABSENCE  

6.      NOTICE OF WEBCASTING

7.      DISCLOSURES OF INTEREST

8.      PUBLIC FORUM

9.      CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

CCL072-20       Confirmation of the Minutes of the Ordinary Council Meeting held 26 October 2020

(Report by Executive Services Officer)....................................................................... 5  

10.    MAYORAL MINUTE

Nil  

11.    CONDOLENCES

12.    COMMITTEE REPORTS

CCL073-20       Report of the Assets and Infrastructure Committee Meeting held 9 November 2020

(Report by Executive Services Officer).................................................................... 28

CCL074-20       Report of the Community and Culture Committee Meeting held 9 November 2020

(Report by Executive Services Officer).................................................................... 36

CCL075-20       Report of the Environment and Planning Committee Meeting held 9 November 2020

(Report by Executive Services Officer).................................................................... 43

CCL076-20       Report of the Finance and Governance Committee Meeting held 9 November 2020

(Report by Executive Services Officer).................................................................... 53

13.    ENVIRONMENT AND PLANNING

Nil

14.    FINANCE AND GOVERNANCE

CCL077-20       Georges River Council Draft Annual Report 2019/20

(Report by Integrated Planning and Reporting Officer)........................................ 64

CCL078-20       Audited General Purpose Financial Statements and Auditors Report for the year ended 30 June 2020

(Report by Chief Financial Officer)........................................................................... 66

CCL079-20       Tabling of Disclosure of Interest Returns

(Report by Manager Governance and Risk)......................................................... 172

CCL080-20       COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - November 2020 Report

(Report by Manager, Office of the General Manager)......................................... 173

15.    ASSETS AND INFRASTRUCTURE

NIL

16.    COMMUNITY AND CULTURE

NIL

17.    NOTICES OF RESCISSION

NR002-20          Notice of Rescission - NM082-20 Proposed Feasibility Study - Kogarah War Memorial Pool

(Report by Councillor Tegg)..................................................................................... 200

18.    NOTICES OF MOTION

NM091-20          Acknowledging Aboriginal Culture and Heritage in the Georges River Local Government Area

(Report by Councillor Tegg)..................................................................................... 201

NM092-20          Construction of a Revitalised Netstrata Jubilee Stadium, Kogarah

(Report by Councillor Grekas)................................................................................. 202

NM093-20          Proposed Kayak Launch Facility at Lugarno

(Report by Councillor Kastanias)............................................................................ 204

NM094-20          Proposed Legislative Amendment - Environmental Planning and Assessment Act 1979

(Report by Councillor Grekas)................................................................................. 205

NM095-20          Acknowledgement of the Contribution of Chinese Australians to Australia

(Report by Councillor Tegg)..................................................................................... 206

NM096-20          Congratulations to Council Staff - Georges River Council Pocket Guide to Relationships, Domestic Abuse and Coercive Control

(Report by Councillor Symington).......................................................................... 207

NM097-20          Investigation for a Safe Room to Support Domestic Violence Victims

(Report by Councillor Symington).......................................................................... 208

19.    QUESTIONS WITH NOTICE

QWN022-20      Kogarah War Memorial Pool - Management of Community Safety and Contamination Risks and Future Costs

(Report by Councillor Tegg)..................................................................................... 209

QWN023-20      Georges River Council Developer Contributions Register

(Report by Councillor Tegg)..................................................................................... 212

QWN024-20      COVID-19 Plans for a Safe Christmas and New Year

(Report by Councillor Liu)........................................................................................ 213

QWN025-20      Update - Status of Disposal of Phase 1 Surplus Properties

(Report by Councillor Katris)................................................................................... 215

QWN026-20      Georges River Property Portfolio Strategy 2019

(Report by Councillor Payor)................................................................................... 216  

20.    CONFIDENTIAL (CLOSED SESSION)

CCL057A-20     Property Matter - Disposal of Surplus Land at Buchanan Lane, Carlton

(Report by Head of Strategic Property)

CCL058A-20     Property Matter - Monaro Avenue, Kingsgrove

(Report by Strategic Property Specialist)

CCL059A-20     General Manager's Annual Performance Review

(Report by Manager People and Culture)

CCL060A-20     Code of Conduct Investigation Report - Councillor Badalati

(Report by Chief Audit Executive)  

 

 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 5

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Item:                   CCL072-20        Confirmation of the Minutes of the Ordinary Council Meeting held 26 October 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Previous Minutes

 

 

 

RECOMMENDATION:

That the Minutes of the Ordinary Council Meeting held on 26 October 2020 be adopted.

 

EXECUTIVE SUMMARY

The Minutes of the Ordinary Council Meeting of 26 October 2020, as attached, be adopted by Council as a true and correct record of that meeting.

Following adoption by Council, the Minutes will be published on Council’s website.

FILE REFERENCE

SF19/3551

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes of the Ordinary Council Meeting of Monday 26 October 2020

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL072-20             Confirmation of the Minutes of the Ordinary Council Meeting held 26 October 2020

[Appendix 1]          Unconfirmed Minutes of the Ordinary Council Meeting of Monday 26 October 2020

 

 

Page 8

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 29

COMMITTEE REPORTS

Item:                   CCL073-20   Report of the Assets and Infrastructure Committee Meeting held 9 November 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Assets and Infrastructure Committee recommendations for Items ASS026-20 to ASS029-20 and ASS052A-20 to ASS53A-20 as detailed below, be adopted by Council.

 

Background

1.      The following Committee recommendations for Items ASS026-20 to ASS029-20 and ASS052A-20 to ASS53A-20 are submitted to Council for determination.

 

2.      These recommendations were made by the Assets and Infrastructure Committee at its meeting on 9 November 2020.

COMMITTEE RECOMMENDATION:

ASS026-20        Report of the Georges River Local Traffic Advisory Committee Meeting 3 November 2020

(Report by Coordinator Traffic & Transport)

That the Recommendations contained within the minutes of the Georges River Local Traffic Advisory Committee Meeting held on 3 November 2020 be adopted by Council.

 

ASS027-20        Report of the Georges River Council Floodplain Risk Management Committee Meeting held on 2 November 2020

(Report by Manager Infrastructure)

That the Recommendations contained within the minutes of the Georges River Council Floodplain Risk Management Committee Meeting held on 2 November 2020 be adopted by Council.

 

ASS028-20        T20/013 Hurstville Golf Course - Improvement Works

(Report by Manager, Project Delivery)

(a)     That under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T20/2013 Hurstville Golf Course Improvement Works as outlined in the confidential attachment.

(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.

 

ASS029-20        T20/002 Former Oatley Bowling Club Site Remediation

(Report by Manager, Project Delivery)

(a)     That under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accept the tender that is recommended for T20/002 Former Oatley Bowling Club Site Remediation as outlined in the confidential attachment.

(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.

 

ASS052A-20     Premium Facilities Quarterly Report - April to June 2020

(Report by Manager Premium Facilities)

That the Premium Facilities quarterly report for quarter ending 30 June 2020 be received and noted.

 

ASS053A-20     Premium Facilities Quarterly Report - July to September 2020

(Report by Manager Premium Facilities)

That the Premium Facilities quarterly report for quarter ending September 2020 be received and noted.

 

 

File Reference

SF20/1536

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes - Assets and Infrastructure Committee Meeting - 9 November 2020

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL073-20             Report of the Assets and Infrastructure Committee Meeting held 9 November 2020

[Appendix 1]          Unconfirmed Minutes - Assets and Infrastructure Committee Meeting - 9 November 2020

 

 

Page 31

 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 37

Item:                   CCL074-20        Report of the Community and Culture Committee Meeting held 9 November 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Community and Culture Committee recommendations for Items COM043-20 to COM048-20 as detailed below, be adopted by Council.

 

Background

1.      The following Committee recommendations for Items COM043-20 to COM048-20 are submitted to Council for determination.

 

2.      These recommendations were made by the Committee and Culture Committee at its meeting on 9 November 2020.

 

COMMITTEE RECOMMENDATION:

COM043-20       Adoption of the Georges River Council Interim Community Property Strategy 2020-2023

(Report by Community Property Officer)

That Council adopt the Georges River Council Interim Community Property Strategy 2020-2023.

 

COM044-20       ChillOUT Hubs - Project Closure Report

(Report by Senior Project Officer)

(a)     That Council receive and note the successful project completion of the ChillOUT: Smart Social Spaces project (ChillOUT).

(b)     That Council thank the project partners Street Furniture Australia (SFA) and the University of New South Wales (UNSW) for their valuable contribution to the project.

 

COM045-20       Georges River Advocacy Program - Stimulation of Georges River Economy

(Report by Senior Project Officer)

That Council receive and note the actions and projects outlined in the report that assist with the stimulation of the Georges River Economy throughout the ongoing restrictions of COVID-19.

 

COM046-20       Economic and Social Recovery Plan - Monthly Update

(Report by Senior Project Officer)

That Council receive and note the attached Economic and Social Recovery Plan update for the September 2020 - October 2020 period.

 

COM047-20       Georges River Night Time Economy Study

(Report by Senior Project Officer)

(a)     That Council approve the draft Night Time Economy Study to be placed on public exhibition for 60 days to facilitate community consultation.

(b)     That a further report be submitted to Council detailing feedback from any public     submissions made during the exhibition period, together with any recommended changes to the draft Night Time Economy Strategy prior to adoption.

 

COM048-20       COVID-19: Maintaining and Enhancing Business Confidence Into 2021 and Beyond

(Report by City Marketing and Partnerships Officer)

(a)     That Council continues to promote COVID-safe practices to businesses as required and in accordance with the Public Health Order and the directions of the NSW Government.

(b)     That Council continues to optimise the use of all communication channels that include but are not limited to social media, print media and Georges River Business to provide information to businesses and the broader community to help their business thrive and support them in the learning of new skills.

(c)     That Council continues to enhance its Economic and Social Recovery Plan as identified to promote and support local business.

 

File Reference

SF19/3586

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes - Community and Culture Committee - 9 November 2020

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL074-20             Report of the Community and Culture Committee Meeting held 9 November 2020

[Appendix 1]          Unconfirmed Minutes - Community and Culture Committee - 9 November 2020

 

 

Page 42

 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 46

Item:                   CCL075-20        Report of the Environment and Planning Committee Meeting held 9 November 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

 

Recommendation:

That the Environment and Planning Committee recommendations for Items ENV043-20 to ENV046-20 as detailed below, be adopted by Council.

 

Background

1.      The following Committee recommendations for Items ENV043-20 to ENV046-20 are submitted to Council for determination.

 

2.      These recommendations were made by the Environment and Planning Committee at its meeting on 9 November 2020.

COMMITTEE RECOMMENDATIONS:

ENV043-20       Draft 2021/22 Budget – Consideration of the Preparation of Open Space Expansion and Acquisition Plan

(Report by Strategic Planner/Information Management)

That Council consider the allocation of $150,000 within the 2021/2022 draft budget for the preparation of a detailed open space expansion and acquisition plan that addresses the following:

a)      Identification of areas lacking open space throughout the local government area;

b)      Identification of actions for increasing the supply of open space;

c)    Identify and list all pocket parks and determine whether they are required or needed as part of the overall Open Space Strategy of Council.

d)      Funding models to provide for the acquisition and maintenance of open space; and

e)      Program for the delivery of the actions.

ENV044-20       Draft 21/22 Budget – Consideration of the Plans of Management Program

(Report by Manager Strategic Planning)

(a)     That Council endorse the Plan of Management Program for 2020/2021 and 2021/2022 as outlined within this report.

(b)     That Council consider the allocation of $250,000 within the draft 2021/2022 Budget to complete the Crown Land reserve work for the following reserves:

a.      Merriman Reserve, Kyle Bay

b.      Oatley Point

c.       Dover Park East

d.      Oatley Park

e.      Tom Ugly’s Point Reserve

f.       Claydon Reserve

g.      Netstrata Jubilee Stadium

h.      Jubilee Park

i.        Donnelly Park

j.        Shipwrights Bay Reserve

 

ENV045-20       Summary of Development Applications Lodged and Determined - July 2020 to September 2020

(Report by Manager Development and Building)

(a)     That Council receive and note the Summary of Development Applications lodged and determined within the first quarter of the 2020/2021 financial year being July 2020 to September 2020.

(b)     That the Development and Building staff be congratulated for improvements in Development Application processing times and their approach to Customer Service.

 

ENV046-20       Planning Proposal for LEP 2021 - Amendment to Georges River Local Environmental Plan 2020

(Report by Strategic Planner/Urban Designer)

(a)     That Council endorses the Planning Proposal to amend the Hurstville Local Environmental Plan  2012 and Kogarah Local Environmental Plan 2012 (or if gazetted, Georges River Local Environmental Plan 2020) as follows to be forwarded to the Department of Planning, Industry and Environment for a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979: 

i.        Amend the Land Zoning Map to:

1)      rezone the Narwee Housing Investigation Area from R2 Low Density Residential to a combination of R3 Medium Density Residential and R4 High Density Residential.

ii.      Amend the Lot Size Map to increase the minimum subdivision lot size: 

1)      in the proposed R3 Medium Density Residential from 450sqm to 800sqm; and 

2)       in the proposed R4 High Density Residential from 450sqm to 1,000sqm; 

iii.        Amend the Height of Buildings Map to: 

1)      increase the maximum building height in the proposed R4 High Density Residential from 9m to 13m (Narwee HIA); 

2)      amend the maximum building height applied at 33 Dora Street, Hurstville from 30m to 15m; and 

3)      amend the maximum building height applied at 199 Rocky Point Road, Ramsgate from 21m to 15m and 21m in accordance with the existing split zoning; 

iv.     Amend the Floor Space Ratio Map to: 

1)      to increase the maximum floor space ratio in the proposed R3 Medium Density Residential from 0.55:1 to 0.7:1 (Narwee HIA); 

2)       to increase the maximum floor space ratio in the proposed R4 High Density Residential from 0.55:1 to 1:1 (Narwee HIA); and 

3)      amend the maximum floor space ratio applied at 199 Rocky Point Road, Ramsgate from 2.5:1 to 1.5:1 and 2.5:1 in accordance with the existing split zoning; 

v.      Amend the Land Use Tables of zones R3 Medium Density Residential and R4 High Density Residential to include ‘manor houses’ and ‘multi dwelling housing (terraces)’ as land uses in ‘3 Permitted with consent’; and 

vi.     Amend Clause 4.1B Minimum lot sizes and special provisions for certain dwellings to include: 

1)      minimum lot size of 800sqm for manor houses; 

2)       minimum lot width of 18m for manor houses; 

3)      minimum lot size of 800sqm for multi dwelling housing (terraces); and 

4)      minimum lot width of 21m for multi dwelling housing (terraces). 

(b)     That the Planning Proposal be placed on formal public exhibition in accordance with the conditions of any Gateway Determination issued by the Department of Planning, Industry and Environment.

(c)     That Council provide delegation to the Director Environment and Planning to approve any minor modifications to correct any numerical, typographical, mapping, interpretation and formatting errors, if required, to improve clarity and readability.

(d)     That the submitters of rezoning requests made during the public exhibition of the Local Strategic Planning Statement 2040 and the draft Georges River Local Environmental Plan 2020 be notified of Council’s policy position on their requests.

(e)     That Council endorse the consultation program outlined in the Report.

(f)      That the Council endorse the General Manager to continue discussions with the land owners of 11- 21 Monaro Avenue Kingsgrove with the intention of entering into an agreement with each of the property owners to enable the Council to secure the purchase of the 6 lots for the purposes of open space.

(g)     That Council endorse the amended LEP Program as follows:

Stage 1: Housing and Harmonisation (completed with no change)

Stage 1B: LEP21 Housing Capacity (this Planning Proposal)

Stage 2: Housing Choice (update timeframe from 2021 to 2022)

-        Seek to promote inclusive and affordable housing

-        Investigate mechanisms such as big house conversions and build to rent to provide more housing choice across the LGA

Stage 3: Jobs and Activation (update timeframe from 2022 to 2023)

-        Review development standards in centres

-        Infrastructure delivery mechanisms

-        Review and implement the outcomes of the Hurstville City Centre and Beverly Hills Local Centre masterplans

Stage 4: Housing and Future Growth (no change to schedule for 2025 and beyond)

-        Focus on land use changes beyond the next 5 years.

 

(h)     That the maximum  building height in the newly created R4 zone  in DLEP 2020 (being Hillcrest Ave rezoning from R2 to R4) be increased from 12m to 13m to  align with the proposed maximum building height in the proposed R4 zone in the Narwee HIA  and further analysis is undertaken on  the maximum building heights in the other  R4 zones in order to assist in ensuring improved compliance with Apartment Design Guide and reduce the variations to the controls but ensure an appropriate built form outcome in the areas.

 

 

File Reference

SF19/3593

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes - Environment and Planning Committee Meeting - 9 November 2020

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL075-20             Report of the Environment and Planning Committee Meeting held 9 November 2020

[Appendix 1]          Unconfirmed Minutes - Environment and Planning Committee Meeting - 9 November 2020

 

 

Page 52

 


 


 


 


 


 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 55

Item:                   CCL076-20        Report of the Finance and Governance Committee Meeting held 9 November 2020 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:     Committee Reports

 

 

Recommendation:

That the Finance and Governance Committee recommendations for Items FIN052-20 to FIN061-20 as detailed below, be adopted by Council.

 

Background

1.      The following Committee recommendations for Items FIN052-20 to FIN061-20 are submitted to Council for determination.

 

2.      These recommendations were made by the Finance and Governance Committee at its meeting on 9 November 2020.

COMMITTEE RECOMMENDATIONS:

FIN052-20         Administrative Matter - Execution of Documents Under Delegated Authority (1 October 2020 to 31 October 2020)

(Report by Manager, Office of the General Manager)

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

 

FIN053-20         Report on Outstanding Council Resolutions (Period up to and including 30 September 2020)

(Report by Manager, Office of the General Manager)

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

 

FIN054-20         Investment Report as at 30 September 2020

(Report by Senior Financial Accountant - Reporting)

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

FIN055-20         Quarterly Budget Review Statement for the period ending 30 September 2020

(Report by Chief Financial Officer)

(a)     That Council receives and notes the contents of this report in relation to the Quarterly Budget Review for the period ending 30 September 2020.

(b)     That in accordance with the COVID-19 process resolved by Council in June 2020, Council adopt the proposed amendments to the 2020/21 Budget based on the revised forecasted operational impacts from COVID-19, carryovers from 2019/20 and other variations seen in the first quarter.

(c)     That Council notes the decline in cash receipts from the same quarter last year of 11%.

(d)     That Council notes the forecast operating financial sustainability issues have accelerated from original estimates due to COVID-19 higher than anticipated costs and reduced income in 2019/20.

(e)     That Council notes the operating results of the 2019/20 financial year due to COVID-19 and the likely impact COVID-19 will have on a deteriorating operating result in 2020/21.

(f)      That Council notes the resultant decline of $15.8m in Council’s cash reserve forecast balance from the adopted forecasts in June 2020.

 

FIN056-20         Code of Conduct Complaint Statistics 2020

(Report by Governance and Risk Specialist)

That Council receives and notes the report on the Code of Conduct Complaints Statistics for the period ending 30 September 2020.

 

FIN057-20         Tender - T20/011 Supply, Installation and Ongoing Maintenance of Commercial Car Parking Equipment

(Report by Head of Strategic Property)

That consideration of item FIN057-20 be referred to Council for consideration.

 


FIN058-20         Tender T20/008 - Provision of Property Management Services

(Report by Strategic Property Specialist)

That consideration of item FIN058-20 be referred to Council for consideration.

 

FIN059-20         Profit and Loss Statements - Premium and Community Leases

(Report by Chief Financial Officer)

(a)     That Council receives and notes the information contained in the report.

(b)     That a supplementary report be prepared, in accordance with the feedback provided at the Finance and Governance Committee meeting of 9 November 2020.

 

FIN060-20         Property Matter - Commercial Property Portfolio - 2020/21 First Quarter Report

(Report by Strategic Property Specialist)

That Council receives and notes the Commercial Property Portfolio – 2020/21 First Quarter Report.

 

FIN061-20         Property Matter - Street Name Sign Advertisements ("Identilites") - Proposed New Contract

(Report by Strategic Property Specialist)

That consideration of item FIN061-20 be referred to Council for consideration.

 

File Reference

SF19/3600

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes - Finance and Governance Committee Meeting - 9 November 2020

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL076-20             Report of the Finance and Governance Committee Meeting held 9 November 2020

[Appendix 1]          Unconfirmed Minutes - Finance and Governance Committee Meeting - 9 November 2020

 

 

Page 60

 


 


 


 


 


 


 


 

 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 65

FINANCE AND GOVERNANCE

Item:                   CCL077-20        Georges River Council Draft Annual Report 2019/20 

Author:              Integrated Planning and Reporting Officer

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

RECOMMENDATION:

(a)     That the Georges River Council Draft Annual Report 2019/20 be approved and forwarded to the Minister of Local Government and an electronic version published on the Council Website.

(b)     That the General Manager be delegated authority to undertake any necessary minor administrative or editorial changes to the Georges River Council Draft Annual Report 2019/20. 

 

EXECUTIVE SUMMARY

1.      The NSW Local Government Act 1993 requires councils provide an Annual Report to its community by the 30 November and submit a copy to the Minister for Local Government.  Office of Local Government Circular 20-15 dated 1 May 2020 provides new integrated planning and reporting requirements for NSW councils.  The revised deadline for the preparation and publishing of the 2019/20 annual report is 31 December 2020.  

2.      The Georges River Council Draft Annual Report 2019/20 documents our achievements for the year, including progress with implementation of initiatives, financial performance and other information that Council is required to disclose.

3.      The Draft Annual Report will undergo a graphic design process prior to publishing to Council’s website.

BACKGROUND

4.      The Georges River Council Draft Annual Report 2019/20 has been completed to meet the statutory requirements and reporting responsibilities under Section 428 of the NSW Local Government Act 1993, the Local Government (General) Regulation 2005 and in compliance with various other legislation and reporting guidelines.

5.      Under Section 428, Council is required to submit an Annual Report detailing its activities to the community and to the Minister for Local Government (via the Office of Local Government) by 30 November each year. Office of Local Government Circular 20-15 dated 1 May 2020 provides new integrated planning and reporting requirements for NSW councils.  The timeframe for the preparation and publishing of the 2019/20 annual report has been extended until 31 December 2020.  

6.      Normally, Council would be required to report progress against its 4 year Delivery Program, as a newly amalgamated Council the Delivery Program was not in place until 30 June 2018.

7.      The 2019/20 Annual Report reports against Council’s Delivery Program 2018/19 to 2020/21 and Operational Plan 2019/20.

8.      The Draft Annual Report 2019/20 provides information about the Georges River Area, the Community, Council operations, progress with the amalgamation, achievements, financial performance and various statutory details.

9.      The Draft Annual Report seeks to give readers an understanding of the Council’s performance across its many services during 2019/20 and the significant effort put into making the Georges River Council a successful local government entity.

10.    An electronic version will be submitted to the Minister for Local Government via the Office of Local Government and will be accessible to the community from the Georges River Council website upon completion of graphic design.

FINANCIAL IMPLICATIONS

11.    No budget impact for this report.

RISK IMPLICATIONS

12.    The Enterprise Risk Management Strategy contains relevant actions in regards to the provision of an open, accessible, transparent decision making and meeting process and legislative compliance. The consideration of this report ensures that members of the community are informed in regards to compliance by Council with statutory obligations.  

COMMUNITY CONSULTATION

13.    Members of the community are able to attend and address Council meetings in accordance with Council’s Code of Meeting Practice.

FILE REFERENCE

19/2270, D20/278459

 

 

 

ATTACHMENTS

Attachment 1

DRAFT Annual Report 2019-20 - Council Meeting 23 November 2020 - PDF - published in separate document

 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 68

Item:                   CCL078-20   Audited General Purpose Financial Statements and Auditors Report for the year ended 30 June 2020 

Author:              Chief Financial Officer

Directorate:      Business and Corporate Services

Matter Type:     Finance and Governance

 

 

 

Recommendation:

That Council, in accordance with Section 419 of the Local Government Act (NSW) 1993 (Act), receive and note the presentation of the audited General Purpose Financial Statements and Auditors’ Report for the financial year ended 30 June 2020.

 

Executive Summary

1.      In accordance with Section 418 and 419 of the Act, the General Purpose Financial Statements and Auditors’ Report for the financial year ended 30 June 2020 are presented to Council following the public notice period.

2.      The Audit Office of NSW as the appointed external auditor has completed its audit of the financial reports for the period ended 30 June 2020 and has issued an unqualified audit opinion.

3.      The audited General Purpose Financial Statements and Auditors’ Report for the financial year ended 30 June 2020 are attached to this report.

4.      A representative of the Audit Office of NSW will be available for comment on the conduct of the audit.

 

Background

5.      Following the resolution of Council at the 26 October 2020 meeting, Council referred the 2019/2020 General Purpose Financial Statements to Council’s External Auditors for audit. The Auditors' Report was subsequently received by Council on 6 November 2020.

6.      These General Purpose Financial Statements and Special Schedules cover the period from 1 July 2019 to 30 June 2020. Comparative figures for the 2018/19 financial year cover the period from 1 July 2018 to 30 June 2019.

 Overview of Results

7.      The Georges River community, along with the rest of Australia, faced extraordinary challenges in the last quarter of 2019/20. The results of 2019/20 illustrate that Council continued to deliver high service standards and key community infrastructure during the pandemic.

8.      Whilst Council continues to experience operating deficits, the financial impact of COVID-19 was mitigated to reduce the scale on Council’s financial result. This approach has been key in Council adopting and delivering an Economic and Social Recovery Plan in 2020/21, to the value of $47 million.

 

 

9.      Key infrastructure projects included:

Key infrastructure projects

$'000

Community buildings and facilities

16,965

Sports fields and facilities

9,799

Other land and buildings

4,925

Roads (new and upgraded)

4,803

Environmental and sustainability initiatives

3,845

Playground improvements

3,417

Plant and equipment

2,957

Drainage

2,058

Footpath improvements

1,933

Library resources

989

Neighbourhood centre improvements

920

Public amenities

731

Traffic/pedestrian facilities

713

New and improved parks

452

Corporate systems and technology

356

 

10.    The net operating result for Council was a surplus of $15 million for the financial year ended 30 June 2020. The result, excluding grants and contributions for capital purposes, was a deficit of $9 million compared to a deficit of $3 million in the previous year. This is an ongoing issue that was highlighted in Council’s Long Term Financial Plan when the financial outlook for Council was considered and has been accelerated due to the financial impacts of COVID-19.

11.    The impact of COVID-19 on the financial results equated to an unfavourable variance of $3 million from the original adopted budget. The closure of facilities and services such as the Hurstville Aquatic Leisure Centre and Netstrata Jubilee Stadium had an adverse impact on revenues. COVID-19 also caused a downturn in the commercial property portfolio due to tenant rental relief, higher than expected Childcare vacancy rates and interest on investments reduction due to the historical low cash rate.

12.    As at 30 June 2020, the net cash generated from operating activities is positive, with and without the inflow of capital grants, although the cash generated substantially decreased from prior year levels. Council’s cash and investments decreased from $167 million at 30 June 2019 to $145 million at 30 June 2020, largely due to the extensive capital works program and drop in cash receipts in the last quarter due to COVID-19.  Council will continue to generate reasonable returns from the investment of cash resources, although on a reducing scale over the next few years due to the projected expenditure of funds, the lowering of interest rates in the market and maturing higher rate term deposits that are being reinvested at lower rates.

13.    The COVID-19 pandemic related financial difficulty experienced by many ratepayers led to a higher than normal level of outstanding collections for the financial year. Outstanding rates collections finished at 4.26 per cent compared to last year’s result of 3.07 per cent. This was mitigated by supporting ratepayers with flexible interest free payment arrangements.

14.    With the focus on construction of new assets, Councils buildings and infrastructure renewals ratio dropped below the Office of Local Governments Benchmark of greater than 100%, with renewal at 83%, in comparison to the prior period of 104%.

15.    As highlighted over the past few years in the Long Term Financial Plan, the Operating Performance Ratio which is a local government industry performance indicator is under benchmark, which means Council does not generate sufficient operating income to cover operating expenditure. The ratio in 2019/20 has deteriorated due to the impact of COVID-19 resulting in loss of income from events, rents and the leisure centre. There was also a decrease in investment income as interest rates continued to decrease during the year.

16.    The consideration of a special rate variation has proceeded into 2020/21, to increase Council’s rate income and retain the expiring $2.3 million special rate variation from the former Hurstville Council.

17.    As highlighted in the results, the current operating results are unsustainable in that without a rate increase, service and staff number reductions would be required.

Financial Implications

18.    No budget impact for this report.

Risk Implications

19.    Councillors have been made aware during the past two financial years of Council’s poor and deteriorating financial outlook over the next 10 year period of the Long Term Financial Plan (LTFP). Failure to address the unsustainable financial position places Council in contravention of S.8b of the Local Government Act 1993 and will compel Council to cut and/or reduce services to ease the unfavourable gap between income and expenditure.

20.    Council’s LTFP highlights declining operating results, which informs Council’s need to take corrective action, to ensure financial sustainability.

21.    The forecast operating financial sustainability issues have accelerated from original estimates due to the financial impacts of COVID-19 on the 2019/20 financial results.

22.    In July 2020 the Audit Risk and Improvement Committee (ARIC) expressed concern over the projected operating and cash flow deficits and that the estimates indicate that Council will not be financially sustainable and this will expose Council to significant risks to service delivery, governance and reputation.

23.    The ARIC recommended that Council consider measures to immediately address the key financial sustainability risk, particularly in regard to increasing revenues to secure Council’s immediate and long term future. 

Community Engagement

24.    As per Section 418 of the Act, the audited General Purpose Financial Statements and Auditors’ Report for the financial year ended 30 June 2020 have been available for public inspection at Council’s Libraries and website for a minimum of 7 days. A summary of the 2019/20 Annual Financial Statements was also published in The Leader on 11 November 2020.

25.    As per Section 420 of the Act, Council is required to submit the Auditors' Report to a public meeting during the public exhibition period.  Submissions on the Auditors' Report or the audited Financial Statements will close on 7 December 2020.

File Reference

19/2311

 

 

ATTACHMENTS

Attachment 1

Georges River Council – Audited Financial Statements – 2019/20

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL078-20             Audited General Purpose Financial Statements and Auditors Report for the year ended 30 June 2020

[Appendix 1]          Georges River Council – Audited Financial Statements – 2019/20

 

 

Page 76

 


 


 


 


 


 


 


 




 


 


 




 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 




 


 





Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 172

Item:                   CCL079-20        Tabling of Disclosure of Interest Returns 

Author:              Manager Governance and Risk

Directorate:      Business and Corporate Services

Matter Type:     Finance and Governance

 

 

 

RECOMMENDATION:

That Council receives and notes the report regarding the tabling of Disclosure of Interest Returns for Councillors and Designated Persons.

 

EXECUTIVE SUMMARY

1.      This report is presented for the purpose of tabling Disclosure of Interest Returns (Returns) recently lodged by Councillors and Designated Persons.

BACKGROUND

2.      In accordance with section 4.21(c) of Council’s Code of Conduct, a Councillor or Designated Person can lodge an updated Return upon becoming aware of an interest they are required to disclose under Schedule 1 that has not been previously disclosed in a Return lodged under paragraphs (a) and (b) of section 4.21.

3.      Councillor Con Hindi has lodged a newly updated Return in accordance with section 4.21(c) of Council’s Code of Conduct.

4.      The completed Return lodged is tabled accordingly.

5.      To ensure continued compliance with the Government Information (Public Access) Act 2009, the Government Information (Public Access) Regulation 2009 and the Information and Privacy Commission’s Guideline 1: For Local Councils on the disclosure of information (returns disclosing the interest of councillors and designated persons), Council will publish this newly completed Return on its website. This Return will also continue to be available for inspection by the public at Council offices.

FINANCIAL IMPLICATIONS

6.      No budget impact for this report.

RISK IMPLICATIONS

7.      Report is consistent with legislative compliance and reporting requirements.

FILE REFERENCE

20/657

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 173

Item:                   CCL080-20        COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - November 2020 Report 

Author:              Manager, Office of the General Manager

Directorate:      Office of the General Manager

Matter Type:     Finance and Governance

 

 

 

Recommendation:

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

 

Executive Summary

1.      In response to the COVID-19 pandemic, at its meeting of 23 March 2020 Council resolved to adopt a revised Instrument of Delegation to the Mayor.

2.      The General Manager undertook to provide a consolidated report once a month to all Councillors specifying any actions taken under this delegation as adopted by Council.

REPORT

3.      In the period since 18 March 2020 Councillors have been provided with regular updates from the General Manager.

4.      A register of decisions and actions taken is attached to this report. For the purpose of completeness, all decisions and actions that have been taken are included on this register, not just decisions made under the instrument of delegation.

Financial Implications

5.      All financial implications have been included on the attached register.

Risk Implications

6.      All actions have been evaluated in accordance with Council’s Risk Management Framework.

File Reference

D20/264927

 

 

 

ATTACHMENTS

Attachment 1

COVID-19 Instrument of Delegation to the Mayor (up to 18 November 2020)

 


Georges River Council - Ordinary Meeting - Monday, 23 November 2020

CCL080-20             COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - November 2020 Report

[Appendix 1]          COVID-19 Instrument of Delegation to the Mayor (up to 18 November 2020)

 

 

Page 199

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 200

NOTICES OF RESCISSION

Item:          NR002-20           Notice of Rescission - NM082-20 Proposed Feasibility Study - Kogarah War Memorial Pool

Councillor:       Councillor Tegg, Councillor Grekas and Councillor Konjarski 

 

MOTION:

That the resolution in respect of Item No. NM082-20 Proposed Feasibility Study - Kogarah War Memorial Pool, from the Ordinary Meeting of Council held on 26 October 2020 be rescinded.

The resolution now proposed to be rescinded reads as follows:

(a)   That a feasibility study be initiated on the old Carss Park Swimming Pool site to determine if it is the feasible to rebuild a swimming pool and fitness centre, as existed previously to the closure of the pool.

(b)   That the demolition of the old pool be postponed until Council has considered the Feasibility Studies of both Todd Park and the Carss Park Sites.

 

 

If the rescission motion is carried, it is intended to move the following:

 

(a)    That the General Manager convene a confidential Councillor Workshop to provide a comprehensive briefing to Councillors that addresses:

i.    Council’s notification dated 23 October 2020 to the NSW Environment Protection Authority (EPA) under section 60 of the Contaminated Land Management Act 1997;

ii.   The EPA contaminated site investigation program to be implemented at the Kogarah War Memorial Pool site and Carss Park Flats to address the hazardous ground gas and ground water contamination identified at Carss Bush Park;

iii.  The EPA Site Auditor restrictions which prevent any construction of buildings, structures or sub-surface utilities at the Kogarah War Memorial Pool site and restricts the use of the site to public open space;

iv.  The public safety risks and each Councillor’s liability in regard to the ongoing risks associated with the Kogarah War Memorial Pool complex and the notification pursuant to section 60 of the Contaminated Land Management Act 1997; and

v.   The status of the technical investigations being undertaken at Todd Park.

(b)    That Council’s external lawyers and insurers attend the Councillor Workshop.

 

FILE REFERENCE

D20/264151

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 201

NOTICES OF MOTION

Item:          NM091-20                    Acknowledging Aboriginal Culture and Heritage in the Georges River Local Government Area

Councillor:       Councillor Tegg 

 

MOTION:

That the General Manager prepares a report which provides a pathway towards a better future for Aboriginal people in the Georges River local government area that addresses the:

(a)   Consultation process undertaken with Aboriginal people and local organisations;

(b)   Manner in which Council promotes the importance of local Aboriginal culture, art and heritage;

(c)   The principles within the 2017 Uluru Statement of the Heart;

(d)   Need for a Reconciliation Action Plan;

(e)   Key policies requiring review to raise the profile of Aboriginal people and address issues pertaining to Aboriginal people; and

(f)    Timeframe and budget for implementation of the proposed pathway.

 

DIRECTOR’S COMMENT

This Motion is consistent with Pillar 5 of the Community Strategic Plan - ‘A harmonious and proud community with strong social services and infrastructure’. In the event that Council supports this Motion, Council staff will work in consultation with the local Aboriginal community, including the Georges River Council Aboriginal Reference Group, the Southern Koori Interagency, and other relevant stakeholders to develop the report.

The Uluru Statement from the Heart was created by Indigenous people from around Australia on 26 May 2017. It describes the key challenges facing Aboriginal and Torres Strait Islander people and their communities and proposes three structural reforms to address these challenges, including a voice to Parliament that is enshrined in the constitution. The Uluru Statement from the Heart is a fair, practical and unifying statement that invites all Australians to walk with Indigenous people in a movement of the Australian people for a better future.

FINANCIAL IMPLICATIONS

Should Council resolve to support this Motion, the financial implications will be provided in a future report.

FILE REFERENCE

D20/249728

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 203

Item:          NM092-20                    Construction of a Revitalised Netstrata Jubilee Stadium, Kogarah

Councillor:       Councillor Grekas 

 

MOTION:

On 2 November 2020 the NSW Treasurer announced that new suburban football grounds will be built – “a string of boutique football stadiums – beginning with Kogarah” as part of a key Budget plan to “drive jobs and growth in the economy through fast construction opportunities”.

It is understood that the NSW government’s plan is to build one boutique stadium per year in metropolitan Sydney, commencing with Netstrata Jubilee. 

It is encouraging to note that the highly popular Bankwest Stadium at Parramatta took only 15 months from the allocation of planning funding to the commencement of construction, so our community could see works begin as early as 2022.

Therefore, I move: 

(a)     That Council write to the NSW Premier, the Treasurer, the Minister for Sport and the Member for Oatley to thank the NSW government for commencing the planning towards the construction of a $200 million boutique stadium at Netstrata Jubilee Stadium in Kogarah;

(b)     That Council immediately establish a project office to work with the NSW government during the 2021 planning and design work to ensure the transformation of the Precinct includes (along with enhanced sporting facilities) components such as community and cultural facilities and meeting spaces, child care, health and wellness facilities, competition standard indoor pools, multipurpose indoor courts, traffic upgrades and car parking; and

(c)     That Council immediately cease all technical investigations currently being undertaken to determine the suitability of Todd Park for a regional aquatic facility, pending the completion of the NSW government’s planning for the revitalised Netstrata Jubilee Stadium Precinct.

DIRECTOR’S COMMENT

This strategic investment by the NSW Government into the Georges River community will establish the Netstrata Jubilee Stadium precinct as an internationally-renowned community and sporting precinct.

 

The infrastructure investment is consistent with Council’s adopted policies and strategies in regard to the Precinct as follows:

i.    Georges River 2050 – Leading for Change;

ii.   Kogarah Health, Education and Innovation Precinct – Investment Attraction, Vision and Strategy;

iii.  Local Strategic Planning Statement 2040;

iv.  Open Space, Recreation and Community Facilities Strategy 2019-2036;

v.   Create Georges River Cultural Strategy 2019-2030; and

vi.  Disability Inclusion Action Plan 2017-2021.

The investment is also consistent with the NSW government’s policy for the Kogarah Collaboration Area as adopted in the Kogarah Collaboration Place Strategy 2020.

FINANCIAL IMPLICATIONS

As the NSW government (Minister for Sport) will be the proponent for the redevelopment of the Netstrata Jubilee Stadium precinct, there is nil capital cost to Georges River ratepayers.

Should Council resolve to establish a project office to work with the NSW government, in-kind assistance would be provided by Council staff to the planning and design of the project.

FILE REFERENCE

D20/261582

 

 

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 204

Item:          NM093-20                    Proposed Kayak Launch Facility at Lugarno

Councillor:       Councillor Kastanias 

 

MOTION:

That, subject to the adoption of the Georges River Foreshore Access and Improvement Plan, the General Manager write to the Member for Oatley, Mark Coure MP requesting funding assistance for the installation of infrastructure to enable passive craft such as kayaks and canoes, to be launched and retrieved safely on the Georges River, adjacent to the historic car ferry ramp in Lugarno.

DIRECTOR’S COMMENT

This Motion is consistent with the Community Strategic Plan Pillar 1 – A Protected Environment and Green Open Space, Goal 1.2 The LGA’s waterways are healthy and accessible.

Georges River Council, in partnership with the NSW Department of Planning, Industry and Environment is developing the draft Georges River Foreshore Access and Improvement Plan.  The draft Plan was placed on public exhibition for a period of 3 months between June and August 2020.  One of the priority projects identified by the community was the Lugarno Parade Passive Craft Facility that involves the installation of infrastructure to enable passive water craft such as kayaks and canoes to be launched safely adjacent to the historic car ferry ramp. 

It is anticipated that the Georges River Foreshore Access and Improvement Plan will be presented to Council for endorsement in December 2020. 

FINANCIAL IMPLICATIONS

Should the Georges River Foreshore Access and Improvement Plan be adopted by Council, priority projects identified in the Plan will be costed and provided to Council as part of future capital works budget bids.

 

In addition, all priority projects will be the subject of future grant funding applications consistent with Council’s usual approach to sourcing external funding for capital works projects across the LGA.

FILE REFERENCE

D20/268407

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 205

Item:          NM094-20                    Proposed Legislative Amendment - Environmental Planning and Assessment Act 1979

Councillor:       Councillor Grekas 

 

MOTION:

That the General Manager write to the NSW Minister for Planning and Public Spaces seeking amendments to the NSW Environmental Planning and Assessment Act 1979 in order to prevent property owners, developers or applicants obtaining  approval via a Complying Development Certificate or a Development Application if the property is subject to outstanding regulatory investigations and/or legal action.

 

DIRECTOR’S COMMENT

In NSW, the Environmental Planning and Assessment Act 1979, is the primary legislation governing the assessment, determination and regulation of development.

Situations commonly occur across Sydney where unauthorised works are undertaken prior to the lodgment of a Development Application (DA) or Complying Development Certificate (CDC).

The Act also provides that owners/applicants may apply for retrospective approval for unauthorised development or building works.  In these instances, Council is legally obliged to accept and determine those applications, regardless of the nature of the unauthorised work that may have previously been undertaken at the site.

Notwithstanding this, the assessment of DAs and CDCs operates independently of any investigation or regulation action being taken in respect to unauthorized development.  Furthermore, these applications are determined based on the provisions of the Environmental Planning and Assessment Act 1979, applicable planning controls and the merits of a proposal.  Any previous or ongoing regulatory investigations or actions do not carry weight in the determination of a DA or CDC.

FINANCIAL IMPLICATIONS

There are no financial implications as a result of this recommendation.

FILE REFERENCE

D20/274827

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 206

Item:          NM095-20                    Acknowledgement of the Contribution of Chinese Australians to Australia

Councillor:       Councillor Tegg 

 

MOTION:

(a)     That Council acknowledges the contribution of Chinese Australians to Australia and to our local community.

(b)     That Council notes the increase in reported anti-Chinese racism in 2020.

(c)     That Council objects in the strongest possible terms to the actions of Senator Eric Abetz in subjecting three Chinese Australians to a public loyalty test while they sought to give evidence to a Senate Inquiry in October 2020, into issues facing diaspora communities.

(d)     That Council writes to Senator Eric Abetz calling on him to apologise for his behaviour.

(e)     That Council writes to the Minister for Immigration, The Hon David Coleman MP, the acting Minister for Immigration, The Hon Alan Tudge MP and the Prime Minister, The Hon Scott Morrison MP asking them to make a clear statement that it is not acceptable to question the loyalty of Australians on the basis of their cultural backgrounds.

 

DIRECTOR’S COMMENT

This Motion is consistent with the previously resolved position of Council. Council at its meeting on 27 July 2020 resolved:

That Council note that it has received correspondence from the Vice President of the Chinese Australian Forum (CAF) seeking Council’s support in its efforts to oppose racism in Australia.

(a)     That Council notes Georges River has a very diverse population and more than 44% of our community was born overseas; reflecting great diversity in the countries, cultures and religions from which people have come.

(b)     That Council affirms strongly its view that there is no place for racial, cultural or religious vilification of any person and supports the CAF in its program to oppose racism.

This Motion aligns with the intent of Pillar 5 of the Community Strategic Plan; A Harmonious and Proud Community with Strong Social Services and Infrastructure.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D20/275192

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 207

Item:          NM096-20                    Congratulations to Council Staff - Georges River Council Pocket Guide to Relationships, Domestic Abuse and Coercive Control

Councillor:       Councillor Symington 

 

MOTION:

That Council congratulates Council officers and the St George Domestic Violence Committee for the development of the Georges River Council Pocket Guide to Relationships, Domestic Abuse and Coercive Control.

DIRECTOR’S COMMENT

This Motion is consistent with Pillar 5 of the Community Strategic Plan, which outlines actions to work with local service providers to support women and children who are at risk of, or are experiencing domestic violence.

The Georges River Council Pocket Guide to Relationships, Domestic Abuse and Coercive Control was developed by Georges River Council staff in consultation with the St George Domestic Violence Committee.

The Pocket Guide aims to provide a discreet resource to support women who are experiencing, or may be at risk of experiencing domestic abuse and coercive control. The Guide provides examples of healthy and unhealthy relationships to identify possible warning signs, as well as links to local support services. The Guide will be distributed to local Domestic and Family Violence service providers for distribution to their clients.

An online version of the guide is available on Council’s website and is being provided as a resource to local Domestic and Family Violence service providers.

FINANCIAL IMPLICATIONS

The Pocket Guide was developed and designed by Council officers and printed at a cost of $3,954 from Council’s existing Community Safety budget (PJ 460010).

FILE REFERENCE

D20/275773

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 208

Item:          NM097-20                    Investigation for a Safe Room to Support Domestic Violence Victims

Councillor:       Councillor Symington 

 

MOTION:

That Council consult with the St George Police Area Command, local domestic violence service providers and owners of suitable retail premises within the Hurstville CBD to determine the need for, and feasibility of, a Safe Room using the Lisa Harnum Foundation model.

 

DIRECTOR’S COMMENT

This Motion is consistent with Pillar 5 of the Community Strategic Plan to work with local service providers to support people who are at risk of, or are experiencing domestic violence.

The Lisa Harnum Foundation was established to support people experiencing domestic abuse through counselling, group work, information and education.

The Foundation opened a Safe Room in partnership with Castle Towers in Sydney’s north-west in 2017 as part of its outreach program to help distressed people access help and advice. The Safe Room model provides a discreet, safe and confidential space for people to seek assistance and support in a public place.

FINANCIAL IMPLICATIONS

Any potential financial implications that may arise from consultation with the Police and retail premises will be provided in a future report to Council, if required.

FILE REFERENCE

D20/276389

 

 

 

   


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 211

QUESTIONS WITH NOTICE

Item:                   QWN022-20       Kogarah War Memorial Pool - Management of Community Safety and Contamination Risks and Future Costs 

Author:              Councillor Tegg

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

1.      Further to the numerous questions without notice that were put to the Director, Assets and Infrastructure at the 26 October 2020 Council meeting, and having regard to the range of technical studies and reports that have been prepared for the Kogarah War Memorial Pool (KWMP) site, can the Director Assets and Infrastructure advise (based on his experience in managing highly contaminated sites):

(a)     What is the estimated cost to repair or upgrade the existing KWMP?

(b)     What is the estimated cost of remediation of the contamination at the KWMP site to the standard necessary to enable the construction of buildings and structures (aquatic facility) at the site?

(c)     What is the estimated cost to rebuild a 50 metre outdoor pool, gymnasium, amenities and car parking at the existing site?

(d)     What is the extent, cost and timeframe for the contaminated site investigation program required to be implemented at the Kogarah War Memorial Pool site and the Carss Park Flats?

(e)     What steps have been taken to ensure community safety and reduce risks to the public at the KWMP complex?

(f)      What steps have been taken to ensure community safety and reduce risks to the public at the Carss Park Flats?

2.      Based on the recent legal advice to Councillors, has the General Manager complied with all legislative obligations to protect community safety and limit the exposure of Council employees and Councillors from personal and criminal liability claims that may arise if the risks related to the KWMP complex and the management of the contaminated land give rise to a serious incident?

OFFICER RESPONSE

1(a)   In 2019, Georges River Council commissioned an independent structural assessment of the Kogarah War Memorial Pool.  This assessment was undertaken by Geoff, Ninnes, Fong & Partners and identified that the existing structures had reached the end of their serviceable life and that it is not feasible to repair or upgrade the existing structures.  Therefore, repair or upgrade of the existing KWMP is not possible to cost. 

1(b)   The estimated cost of remediation of the contamination at the KWMP site to the standard necessary to accommodate a regional aquatic facility including excavation, load and disposal of contaminated fill to an EPA registered landfill site is in the vicinity of $47 million. 

Additionally, due to the known issues identified in the most recent geotechnical report conducted by Douglas Partners, this site would require dewatering treatment, permanent retaining and shoring around the site at a depth of 3.5 metres and the importation of clean fill at an estimated additional cost in the vicinity of $18.3 million. 

Therefore the total cost of remediation is estimated at $65.3 million. It should be noted that no contingency has been applied to the above figures.

1(c)  The estimated cost to build a 50 metre outdoor pool, gymnasium, amenities and car park at the existing site is $45 million.  

1(d)  Following formal notification to the EPA by Council under Section 60 of the CLM Act 1997, the EPA has requested that Council develop a contamination investigation program to determine the extent and impact of groundwater contamination and hazardous ground gases at KWMP and Carss Park Flats.

Council subsequently engaged Douglas Partners Pty Ltd to develop a program.  This program was lodged with the EPA on 16 November 2020.

The program requires gas and ground water monitoring for a period of 10-12 months to ensure several seasons are covered and a range of atmospheric conditions are captured. The data obtained from this monitoring will be provided to the EPA to determine the long term management strategy for the site.

The cost of this monitoring will be approximately $200,000 (excl. GST).  Additional costs may be incurred for further monitoring rounds requested by the EPA.

1(e)  An inspection of the site is conducted each week by Council staff to check the perimeter fencing and general security of the site.  Break-ins occur at the site on a regular basis and each of these incidents has been reported to NSW Police.  It is apparent that ongoing unauthorised access continues to occur at the site.

Additional perimeter fencing was installed around the entire pool complex and the pool structure, as well as appropriate warning signage, in the week commencing 9 November 2020 as a result of the additional findings contained in the geotechnical report provided by Douglas Partners and advice received from Council’s insurers and external lawyers. 

Security patrols of this site have been in place since closure of the pool, as well as CCTV and sensor lighting.

1(f)  The Site Auditor has advised that the conditions at the KWMP site trigger the owner’s (Council’s) duty to report contamination under the Contaminated Land Management Act 1997 (CLM Act) due to the levels of contaminated ground water and hazardous ground gases.

Accordingly, the General Manager has complied with this duty to report under Section 60 of the CLM Act 1997. Following notification by the EPA to provide an investigation, monitoring and risk mitigation program Council has provided the necessary program to the EPA to ensure community safety and reduce the associated risks relating to the KWMP site and Carss Park Flats.

Additionally, concerns associated with landfill gas (LFG) build up in Council owned structures on Carss Park Flats (Carss Park Men’s Shed and Carss Park Flats Sports Amenity Building) were identified.  Council has since closed these buildings to the public and has engaged a consultant to undertake screening for bulk hazardous ground gases within the two buildings. This will comprise:

·   Screening for methane at a detection limit of 1 ppm using a Huber laser one instrument.

·   Screening for carbon dioxide, hydrogen sulphide, carbon monoxide and oxygen using a GA5000 landfill gas analyser.

·   Screening for volatile organic compounds using a photo-ionisation detector (PID).

·   A general scan of the floor with a focus on monitoring around penetrations (e.g. drains, conduits).

·   Undertaking monitoring during low and falling atmospheric pressure conditions and rising tide (where feasible, given this is weather and tidal dependent). 

This gas monitoring will provide insight into any ongoing community risks associated with the use of these enclosed spaces.  At the time of publication of this report, Council is awaiting EPA approval of the investigation program.

2.     The General Manager outlined the legislative obligations that Councillors and employees must comply with (in order to protect Councillors and employees from personal and criminal liability and third party claims in relation the KWMP complex and contamination of the Carss Park Flats) in legally privileged advice to Councillors dated 23 October 2020 and 11 November 2020.

The General Manager has fulfilled her obligations and exercised all due diligence in regard to the relevant legislation. Councillors are now required to exercise their own duty of care during any decision making on the current management and future use of the KWMP site and Carss Parks Flats.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 212

Item:                   QWN023-20       Georges River Council Developer Contributions Register 

Author:              Councillor Tegg

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

The Audit, Risk and Improvement Committee, since February 2019, has considered a series of reports on the status of the Developer Contributions Register of the former Hurstville Council, the former Kogarah Council and Georges River Council.

Can the Director Environment and Planning please provide the following information:

1.      What is the status of the combined Georges River Council Developer Contributions Register?

2.      What is the status of the implementation of the Audit Risk and Improvement Committee recommendations?

3.      How may the Developer Contributions Register be accessed by the community?

 

OFFICER RESPONSE

1.      The combined Georges River Council Developer Contributions Register is under construction with the S7.11 Development Contributions Register completed at the end of November 2020 and the S7.12 Register due for completion at the end of December 2020. The completion of both registers has involved the migration of more than 300 DAs and CDCs from the former Kogarah Authority DA System into the Georges River Tech1 System. The S7.11 Register has involved the following up of significant unpaid development contributions; whilst the figure outstanding in the S7.12 Register will not be known until the register is finalised.

2.      The implementation of the Audit Risk and Improvement Committee recommendations began in March 2019 and is 80% complete with 13 Audit recommendations to be completed. Council allocated additional resources to complete the outstanding Audit recommendations at its September 2020 meeting. All Audit recommendations are due for completion by 30 June 2021.

3.      The Developer Contributions Register may be accessed by making a request to Council’s Development Contributions Planner, Mr John Hair on 9330 6400 to view the Register during business hours.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 214

Item:                   QWN024-20       COVID-19 Plans for a Safe Christmas and New Year 

Author:              Councillor Liu

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

What COVID-19 safe measures has Council implemented to ensure compliance with Federal and State government requirements over the Christmas and New Year period?

OFFICER RESPONSE

Council has quickly adapted to the challenges posed by COVID-19 to ensure that our local community has a safe Christmas and New Year.

Georges River Council, in response to the NSW Public Health Orders (PHO), has implemented two programs designed to reduce the risk of spreading COVID-19 during the popular Christmas and New Year period. They include:

1.      COVID-19 Safe Event Program

2.      Foreshore and Parks COVID-19 Summer Safety Plan

COVID-19 Safe Event Program

Council at its meeting on 24 August 2020 adopted the Connecting the Community with COVID-19 Safe Event Program which commenced implementation in September 2020 for both virtual and face to face events.

Council has and will continue to set the benchmark for neighbouring Councils for the planning and delivery of face to face COVID-19 safe events, with COVID-19 safety measures including ensuring that the event is scalable, attendee numbers are controlled using a ticketing system, and hygiene and physical distancing measures are implemented. In addition, COVID-19 safety marshals are utilised at each Council event and COVID-19 safety plans are developed for each event.

Council has partnered with key stakeholders including the Local Police Area Command and NSW Health. Spring Foodies Market at Kogarah Park and Frightful 80s Drive-In Cinema at Donnelly Park, Connells Point have both received positive community feedback.

As previously reported to Council on 24 August 2020, the Council-run major events series for the 2020/21 summer period is unable to proceed in its traditional format due to PHO restrictions on public gatherings.

The suite of activations in lieu of Council’s traditional Magic of Christmas and summer events program which was reported to Council in August 2020 will encourage small activations within each town centre, ensure physical distancing and hygiene practices are adhered to and manage numbers gathering at all Council-run events. These events include:

1.      Christmas Ice Rink at Netstrata Jubilee Stadium

2.      Christmas Lights Competition

3.      Christmas decorations and carollers across town centres

4.      Online story time with Santa Claus and digital photos with Santa Claus

5.      Mobile musos live music performances across town centres

Foreshore and Parks COVID-19 Summer Safety Plan

Council has also commenced the implementation of a Foreshore and Parks COVID-19 Summer Safety Plan. The Georges River area is home to 3 unpatrolled swimming enclosures and extensive parklands, cycle ways and walking tracks. Several major parks line the Georges River foreshore such as Carss Bush Park, Moore Reserve and Oatley Park. This plan will ensure compliance with the PHO whilst open spaces become more populated during the warmer months.

Council is focused on educating the community on the NSW Health Physical Distancing Guidelines through public announcements, social media content, signage and implementing controls of public amenities in public parks, reserves and outdoor swimming enclosures.​ Additional Council Officers will be working over the Christmas and New Year period to monitor compliance with the PHO and Council will continue to work in close consultation with the Police Local Area Command.

Council's Foreshore and Parks COVID-19 Summer Safety Plan is publically available on Council’s website:    https://www.georgesriver.nsw.gov.au/StGeorge/media/Documents/Council/FINAL-Public-facing-Georges-River-Council-Foreshore-and-Parks-COVID-19-Summer-Safety-Plan-V-1-0.pdf

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 215

Item:                   QWN025-20       Update - Status of Disposal of Phase 1 Surplus Properties 

Author:              Councillor Katris

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

Can the General Manager please provide Councillors with a confidential update on the status and details of the disposal of the Phase 1 surplus properties via the Councillor portal?

 

OFFICER RESPONSE

An update on the status of the disposal of the Phase 1 surplus properties will be placed on the Councillor portal on/before 20 November 2020.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 216

Item:                   QWN026-20       Georges River Property Portfolio Strategy 2019 

Author:              Councillor Payor

Directorate:      Office of the General Manager

Matter Type:     Questions with Notice

 

 

COUNCILLOR QUESTION

In May of this year, Council finalised its Position Paper on the recommendations of the Georges River Council Car Parking Strategy in response to submissions received through public exhibition from July to September 2019, Council resolution of 27 April 2020 and Council’s adopted Commercial Property Strategy. This is published on Council’s website.

The final Position Paper is based on the structure of the Recommendations section of the Strategy, and it recommends the retention of the car parks in Connells Point Road at South Hurstville, Park Road at Kogarah Bay and Shaw Street at Kogarah.

Why did the Finance and Governance Committee recommendation from the 13 July 2020 meeting recommend to Council, the divestment of these car parks as part of Stage 1?

OFFICER RESPONSE

At its meeting on 13 May 2020, Council’s Financial Sustainability Working Group reviewed the surplus operational property assets identified for disposal in Council’s adopted Property Portfolio Strategy. The Working Group reviewed and identified individual properties for inclusion in the first stage of disposals in order to achieve the 2020/21 Budget forecast of $5 million income from disposals.

Following consideration at the Finance and Governance Committee meeting of 13 July 2020, the identified properties were included in the Committee’s Report to the Council meeting on 27 July 2020 for disposal.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

    


Georges River Council – Ordinary Meeting -  Monday, 23 November 2020                                                                      Page 217

CONFIDENTIAL (CLOSED SESSION)  

CONFIDENTIAL ITEMS (CLOSED MEETING)

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

 

RECOMMENDATION:

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

CCL057A-20     Property Matter - Disposal of Surplus Land at Buchanan Lane, Carlton

(Report by Head of Strategic Property)

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CCL058A-20     Property Matter - Monaro Avenue, Kingsgrove

(Report by Strategic Property Specialist)

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) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CCL059A-20     General Manager's Annual Performance Review

(Report by Manager People and Culture)

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

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

CCL060A-20     Code of Conduct Investigation Report - Councillor Badalati

(Report by 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.

 

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

 

 

 

 

   

 

OPEN COUNCIL

 

CONSIDERATION OF CLOSED COUNCIL RECOMMENDATIONS