AGENDA


Council Meeting

 

Monday, 28 June 2021

7.00pm

 

 

BLENDED MEETING

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

and

Skype Online Meeting

 

 

 

 

 

 

 

 

 


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

 

 

 

 

 

 

 

 

 

 

OATH OF OFFICE OR AFFIRMATION OF OFFICE

All Georges River Councillors are reminded of their Oath of Office or Affirmation of Office made at the time of their swearing into the role of Councillor.

All Councillors are to undertake the duties of the office of Councillor in the best interests of the people of the Georges River Council area and are to act faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgement.

 

 

DISCLOSURES OF INTEREST

All Georges River Councillors are reminded of their obligation to declare any conflict of interest (perceived or otherwise) in a matter being considered by Council or at any meeting of Council.


 

 

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

CCL035-21       Confirmation of the Minutes of the Ordinary Council Meeting held on 24 May 2021

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

CCL036-21       Confirmation of the Minutes of the Extraordinary Council Meeting held 21 June 2021

(Report by Executive Services Officer).................................................................... 34

10.    COMMITTEE REPORTS

CCL037-21       Report of the Environment and Planning Committee Meeting held on 15 June 2021

(Report by Executive Services Officer).................................................................... 41

CCL038-21       Report of the Finance and Governance Committee Meeting held on 15 June 2021

(Report by Executive Services Officer).................................................................... 54

CCL039-21       Report of the Assets and Infrastructure Committee Meeting held on 15 June 2021

(Report by Executive Services Officer).................................................................... 60

CCL040-21       Report of the Community and Culture Committee Meeting held on 15 June 2021

(Report by Executive Services Officer).................................................................... 66

 

11.    FINANCE AND GOVERNANCE

CCL041-21       Securing Council's Future - 2021/2022 Operational Plan, 2018/2019 - 2021/2022 Delivery Program and Updated Resourcing Strategy

                         (Integrated Planning and Reporting Officer and Chief Financial Officer)………………………………………………………….Published Separately

12.    NOTICES OF MOTION

NM043-21          Use of Electric Waste and Recycling Management Trucks in Georges River Waste Contracts

(Report by Councillor Katris)...................................................................................... 73

NM044-21          Compulsory Acquisition of Land by NSW Agencies

(Report by Councillor Symington)............................................................................. 74

NM045-21          Designated Parking in Georges River Shopping Centres for Frail and Older People

(Report by Councillor Konjarski)................................................................................ 76

NM046-21          Managing Risks to Community Safety - Kogarah War Memorial Pool

(Report by The Mayor, Councillor Greene).............................................................. 77

NM047-21          A Fairer Rating System for Pensioners in NSW

(Report by Councillor Tegg)....................................................................................... 78

NM048-21          Investigation of Virtual Exhibitions and Walk-Through Tours

(Report by Councillor Liu)........................................................................................... 81

NM049-21          Celebrating Lunar New Year 2022 (Little Lunar Event)

(Report by Councillor Liu)........................................................................................... 82

NM050-21          Georges River Property Portfolio Strategy 2019 - Surplus Sites

(Report by Councillor Hindi)....................................................................................... 83

13.    QUESTIONS WITH NOTICE

QWN028-21      Sydney South Planning Panel Approval - Demolition and Remediation of Kogarah War Memorial Pool Site

(Report by Councillor Landsberry)............................................................................ 85

QWN029-21      Status of ICAC Investigation - Leaking of Confidential Information

(Report by Councillor Hindi)....................................................................................... 87

14.    CONFIDENTIAL (Closed Session)

CCL041A-21     Netstrata Jubilee Stadium Naming Rights

(Report by Manager Premium Facilities)

CCL042A-21     Property Matter - Unsolicited Offer, Carwar Avenue, Carss Park

(Report by Head of Strategic Property)

 


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Item:                   CCL035-21   Confirmation of the Minutes of the Ordinary Council Meeting held on 24 May 2021 

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 24 May 2021 be adopted.

 

Executive Summary

The Minutes of the Ordinary Council Meeting of 24 May 2021, 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

SF21/3551

 

 

 

ATTACHMENTS

Attachment 1

Unconfirmed Minutes of the Ordinary Council Meeting 24 May 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL035-21             Confirmation of the Minutes of the Ordinary Council Meeting held on 24 May 2021

[Appendix 1]           Unconfirmed Minutes of the Ordinary Council Meeting 24 May 2021

 

 

Page 1

 

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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:                   CCL036-21   Confirmation of the Minutes of the Extraordinary Council Meeting held 21 June 2021 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:    Previous Minutes

 

 

 

Recommendation:

That the Minutes of the Extraordinary Council Meeting held on 21 June 2021 be adopted.

 

Executive Summary

The Minutes of the Extraordinary Council Meeting of 21 June 2021, 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

SF21/3551

 

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Extraordinary Council Meeting - 21 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL036-21             Confirmation of the Minutes of the Extraordinary Council Meeting held 21 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Extraordinary Council Meeting - 21 June 2021

 

 

Page 1

 

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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

COMMITTEE REPORTS

Item:                   CCL037-21   Report of the Environment and Planning Committee Meeting held on 15 June 2021 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:    Committee Reports

 

 

 

Recommendation:

That the Environment and Planning Committee recommendations for Item ENV022-21 to ENV028-21 and ENV035A-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Item ENV022-21 to ENV028-21 and ENV035A-21 are submitted to Council for determination.

These recommendations were made by the Environment and Planning Committee at its meeting on 15 June 2021.

COMMITTEE RECOMMENDATIONS

 

ENV022-21       Update on the Georges River Local Strategic Planning Statement 2040 Implementation Plan

        (Report by Coordinator Strategic Planning and Independent Assessment)

(a)  That Council note the progress against the actions in the Georges River Local Strategic Planning Statement (LSPS) 2040.

(b)    Council congratulate Council staff and in particular the Manager, Strategic Planning Ms Catherine McMahon, on making major inroads in satisfying many of the actions stipulated in the strategy.

 

 

ENV023-21       Draft Georges River Transport Strategy 2021 (Cardno) - Adoption for Public Exhibition

(Report by Senior Strategic Planner)

(a)     That Council endorses the draft Georges River Transport Strategy 2021 and Strategic Context Report (Attachments 1 and 2) for public exhibition for no less than 28 days in accordance with the Community Engagement Plan outlined in the body of the report.

(b)     That Council delegate authority to the General Manager to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the exhibition.

(c)     That a further report be presented to Council following the exhibition including a summary of submissions and recommendations to finalise the Georges River Transport Strategy.

ENV024-21       Georges River Foreshore Scenic Character Study (Ethos Urban)

               (Report by Strategic Planner/Urban Designer)

Due to the lack of a quorum, this matter is referred to the next Ordinary Council meeting, scheduled to be held on 28 June 2021.

 

 

 

ENV025-21       Georges River Biodiversity Study (Total Earth Care) and Osprey Nesting Habitat

(Report by Coordinator Environmental, Sustainability and Waste)

(a)     That Council notes the findings and recommendations of the technical study prepared by Total Earth Care Pty Ltd, the Georges River Biodiversity Study 2020-21, that will inform the preparation of the Georges River Biodiversity Strategy, amendments to the Georges River Local Environmental Plan, the Georges River Development Control Plan and other relevant environmental strategies.

(b)     That the information regarding Eastern Osprey be noted.

 

 

ENV026-21       Draft Georges River Council Local Infrastructure Contributions Plan 2021 - Section 7.11 and Section 7.12 (Adoption for Public Exhibition)

(Report by Senior Development Contributions Planner)

(a)     That Council endorse the draft Georges River Council Local Infrastructure Contributions Plan 2021 – Section 7.11 and Section 7.12 for public exhibition for a minimum of 28 days in accordance with Clause 28 of the Environmental Planning and Assessment Regulation 2000.

(b)     That the draft plan is amended to ensure that it is clear that the demolition of a dwelling house and replacement with a new dwelling house is charged a 7.12 contribution.

(c)     That Council delegate authority to the General Manager to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the exhibition of the draft Georges River Council Local Infrastructure Contributions Plan 2021 – Section 7.11 and Section 7.12, including minor modifications to align with Council’s strategic documents.

(d)     That a future report on the exhibition and submissions received be provided to Council.

 

 

ENV027-21       Draft Mortdale Local Centre Masterplan 2021 (Adoption for Public Exhibition)

(Report by Senior Strategic Planner)

(a)       That Council endorse the draft Mortdale Local Centre Masterplan 2021, as included in Attachment 1 to the report, for the purposes of public exhibition.

(b)       That the draft Mortdale Local Centre Masterplan 2021 and supporting documents be publicly exhibited for a minimum period of 28 days in accordance with the community engagement plan outlined in the report.

(c)       That a further report be prepared and submitted to Council at the conclusion of the exhibition period to allow consideration of any submissions received and any resulting amendments to the Masterplan.

 

 

ENV028-21       Amendment to the Voluntary Planning Agreement for East Quarter Stage 3 - Deed of Variation

(Report by Executive Strategic Planner)

(a)     That Council endorse the First Deed of Variation to the Voluntary Planning Agreement for East Quarter Stage 3 between Council and Hville Pty Ltd (Developer) to amend the Voluntary Planning Agreement executed on 15 June 2017 in respect of the Road Works and Landscaping Works, summarised as follows:

i.       that the Developer pays Council a monetary contribution of $1,591,253 for the construction of the traffic signals and associated road works at the intersection of Forest Road and Durham Street (Road Works) in lieu of the Developer constructing the Road Works;

ii.      that Council construct the Road Works in accordance with the approved detailed design plans;

iii.     that the Developer pays Council a monetary contribution of $46,000 for the construction of the landscaping works along the Forest Road/Durham Street frontage (Landscaping Works) in lieu of the Developer constructing the works;

iv.     that Council construct the Landscaping Works, to a design and specification agreed between Council and the Developer.

v.      that the contributions for the Road Works and Landscaping works be paid within 48 hours of the Developer receiving notice of the execution of the Deed of Variation.

(b)     That Council endorse the First Deed of Variation for public notification in accordance with section 7.5 of the Environmental Planning and Assessment Act.

(c)     That Council delegate authority to the General Manager to:

i.       Authorise any minor changes to the First Deed of Variation following public exhibition, provided that those changes do not diminish the value or nature of the public benefits to be delivered as identified in (a) above; and

ii.      Subsequently enter into the First Deed of Variation to the Voluntary Planning Agreement for East Quarter Stage 3 on behalf of Council.

 

 

ENV035A-21     Georges River Local Planning Panel Second Term - Appointment of Panel Members

(Report by Manager Development and Building)

(a)  That Council endorse the appointment of 14 independent persons as expert panel members from the pool of experts approved by the Minister.

(b)    That Council confirm the appointment of all five existing Community Representatives (Cameron Jones, Erin Sellers, George Vardas, Annette Ruhotas and Fiona Prodromou) until 28 February 2024 unless a vacancy occurs.

(c)   In the event a vacancy occurs the Manager Development and Building is authorised to commence a recruitment process to be reported and considered by Council at a future meeting.

(d)    That Council endorse that each member is to be appointed in accordance with the terms and conditions identified by the Minister for Planning and the NSW Department of Planning and Environment.

(e)  That Council endorse that each member is to be appointed in accordance with the payment schedule outlined as follows:

         •   Chairperson: $3,500 per meeting plus GST and $285 per hour for business undertaken   outside of meetings

         •     Expert: $2,500 plus GST per meeting and $214 per hour for business undertaken outside of meetings

•   Community Representative: $1,000 plus GST and $71 per hour for business undertaken outside of meetings

(f)    That the endorsement and approval of the independent chairperson and alternates be deferred to Council.

File Reference

D21/139621

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Environment and Planning Committee Meeting - 15 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL037-21             Report of the Environment and Planning Committee Meeting held on 15 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Environment and Planning Committee Meeting - 15 June 2021

 

 

Page 1

 

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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:                   CCL038-21   Report of the Finance and Governance Committee Meeting held on 15 June 2021 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:    Committee Reports

 

 

 

Recommendation:

That the Finance and Governance Committee recommendations for Items FIN029-21 to FIN031-21 as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items FIN029-21 to FIN031-21, are submitted to Council for determination.

These recommendations were made by the Finance and Governance Committee at its meeting on 15 June 2021.

COMMITTEE RECOMMENDATIONS

 

FIN029-21         Administrative Matter - Execution of Documents Under Delegated Authority (1 May 2021 to 31 May 2021)

(Report by Manager, Office of the General Manager)

(a)     That Council note that under delegation, the General Manager executed two (2) commercial leases and one (1) contract during the period 1 May 2021 to 31 May 2021.

(b)     That Council note that under delegation, the General Manager executed one (1) community lease during the period 1 May 2021 to 31 May 2021.

 

 

FIN030-21         Community Strategic Plan Review - Community Engagement Strategy 2021

(Report by Integrated Planning and Reporting Officer)

(a)     That Council endorse the Community Strategic Plan Review - Community Engagement Strategy 2021 attached to this report.

(b)     That the General Manager be delegated authority to make any necessary minor editorial changes prior to the commencement of community engagement.

 

 

FIN031-21         Investment Report as at 30 April 2021

(Report by Coordinator, Financial Management)

That Council receives and notes the contents of the Investment Report as at 30 April 2021.

 

File Reference

D21/139629

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Finance and Governance Committee Meeting - 15 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL038-21             Report of the Finance and Governance Committee Meeting held on 15 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Finance and Governance Committee Meeting - 15 June 2021

 

 

Page 1

 


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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:                   CCL039-21   Report of the Assets and Infrastructure Committee Meeting held on 15 June 2021 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:    Committee Reports

 

 

 

Recommendation:

That the Assets and Infrastructure Committee recommendations for Items ASS018-21 and ASS022-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items ASS018-21 and ASS022-21 are submitted to Council for determination.

These recommendations were made by the Assets and Infrastructure Committee at its meeting on 15 June 2021.

COMMITTEE RECOMENDATIONS

ASS019-21        Georges River Local Traffic Advisory Committee 1 June 2021

(Report by Coordinator Traffic and Transport)

That the Recommendations contained within the minutes of the Georges River Local Traffic Advisory Committee Meeting held on 1 June 2021 be adopted by Council.

 

 

ASS020-21        T21/002 Peakhurst Park Field 1 - Design and Construction of Irrigation, Drainage and Resurfacing.

(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 T21/002 Peakhurst Park Field 1 Design and Construction, Irrigation, Resurfacing and Drainage as outlined in the confidential attachment to this tender report.

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

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

 

 

ASS021-21        T21/011 Donnelly Park - Jetty Design and Construction

(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 T21/011 Donnelly Park Jetty Design and Construction as outlined in the confidential attachment.

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

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

 

 

ASS022-21        Status Update - Installation of Defibrillators at Council Community Facilities

(Report by Manager Infrastructure)

That the update report on the installation of Automatic External Defibrillators (AED) be received and noted.

File Reference

D21/139641

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Assets and Infrastructure Committee Meeting - 15 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL039-21             Report of the Assets and Infrastructure Committee Meeting held on 15 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Assets and Infrastructure Committee Meeting - 15 June 2021

 

 

Page 1

 

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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:                   CCL040-21   Report of the Community and Culture Committee Meeting held on 15 June 2021 

Author:              Executive Services Officer

Directorate:      Office of the General Manager

Matter Type:    Committee Reports

 

 

 

Recommendation:

That the Community and Culture Committee recommendations for Items COM018-21, COM021-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items COM018-21, and COM021-21 are submitted to Council for determination.

These recommendations were made by the Community and Culture Committee at its meeting on 15 June 2021.

COMMITTEE RECOMENDATIONS

COM018-21       Status Update - Sharing Facilities and Infrastructure with the NSW Department of Education

(Report by Senior Project Officer)

(a)     That Council note the impediments to making use of the Department of Education’s assets for community use, as outlined in this report.

(b)     That Council write to the Minister for Education, requesting clear guidelines for councils, community and sporting groups to aid in deliberations and negotiations with the Department to share assets.

(c)     That Council write to the Minister for Sport for advice on grants available for sporting groups who wish to invest in infrastructure for an asset belonging to the Department of Education.

(d)     That Council note the attached concept designs and proposals that have previously been presented to the Department of Education for the improvement of ‘the Paddock” (open space) at Kogarah High School that are subject to negotiations with the Department. 

 

 

COM019-21       UTS Study - The Dynamics of the Kogarah Entrepreneurial  Ecosystem

(Report by Senior Project Officer)

(a)     That Council receive and note the report investigating the dynamics of the Kogarah Entrepreneurial Ecosystem, provided by the University of Technology Sydney.

(b)     That Council note that the findings and recommendations from the pilot study will be used in the preparation of the Investment Prospectus for Kogarah.

 

COM020-21       Identification of Potential Sites for Community Battery Stations

(Report by Senior Project Officer)

(a)     That Council monitor the progress of the current community battery trial led by Ausgrid and seek to be part of the next trial.

(b)     That Council collaborate and partner with Ausgrid on a feasibility study for community batteries at the proposed locations as identified in this report in preparation for a trial.

 

 

COM021-21       Stronger Communities Funding Update (January - June 2021)

(Report by Acting Coordinator, Community Development)

(a)     That Council receive and note the update on the remaining Stronger Communities Fund projects as listed in this report; and

(b)     That Council continue to receive regular reports on the remaining Stronger Communities Fund projects still in progress.

File Reference

D21/139654

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Community and Culture Committee Meeting - 15 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 28 June 2021

CCL040-21             Report of the Community and Culture Committee Meeting held on 15 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Community and Culture Committee Meeting - 15 June 2021

 

 

Page 1

 

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Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

NOTICES OF MOTION

Item:          NM043-21 Use of Electric Waste and Recycling Management Trucks in Georges River Waste Contracts

Councillor:       Councillor Katris 

 

MOTION:

That the General Manager provide a report to Council that investigates the impacts of including a provision within the future Waste Contract that requires all vehicles used in the collection of waste be electric vehicles.

 

DIRECTOR’S COMMENT

This motion is consistent with Strategy 1.1.1 of the Community Strategic Plan 2018-2028 - Ensure the Georges River area is resilient in addressing energy, water and gas usage, sustainable buildings, waste diversion, green corridors, carbon emissions and urban design.

The motion is also consistent with Council Resolution (CCL067-20) on 26 October 2020 - That Council endorse its commitment of achieving net zero emissions by July 2025 through a combination of implementing mitigation initiatives and purchasing carbon offsets.

Council is to note that the development of the tender for Waste Contract 2023 has commenced and an update will be reported to Council towards the end of 2021.  If this motion is adopted by Council, the investigation would focus on:

a)      the likely financial impacts on the contract;

b)      information from other councils that have introduced electric vehicles;

c)      ongoing and operational financial implications;

d)      outline of the environmental impacts and benefits;

e)      any other relevant matters that would impact on the decision to implement electric vehicles.

FINANCIAL IMPLICATIONS

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

FILE REFERENCE

17/2414, D21/113451

 

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM044-21 Compulsory Acquisition of Land by NSW Agencies

Councillor:       Councillor Symington 

 

MOTION:

That the General Manager write to the Premier of NSW and the Minister for Transport and Roads requesting that acquiring agencies in NSW abide by the principles and standards contained in the NSW Government’s Property Acquisition Standards, particularly in relation to the acquisition of owner-occupied properties and adherence to procedural fairness.

 

 

DIRECTOR’S COMMENT

Transport for NSW (TfNSW) has recently announced that it will be constructing a commuter car park in Webb Street, Riverwood.  The proposed car park will require the acquisition of three residential properties by compulsory process.

Residents have been informed that the usual statutory acquisition negotiation period of six months has been reduced to three months.  Under Section 10a of the Land Acquisition (Just Terms Compensation) Act, 1991, an acquiring authority must make a genuine attempt to acquire the land by agreement for at least a six-month period.

However, the Minister responsible for the acquiring authority, may approve a shorter period of negotiation if the Minister is satisfied that the urgency of the matter or other circumstances of the case make it impracticable to have any longer period of negotiation. 

While Council in-principle supports the construction of a commuter car park in Riverwood, Council considers that in cases where compulsory acquisition affects owner occupied property, acquiring authorities should not reduce the minimum statutory six-month negotiating period.

Due to community concerns in relation to the compulsory acquisition process, the NSW Government recently created the Centre for Property Acquisition to assist both acquiring authorities and more specifically affected landowners through the compulsory acquisition process.

The Centre for Property Acquisition has also established the following guiding principles of property acquisition for acquiring authorities:

·        The residents have a primary point of contact throughout, being their assigned Personal Manager, and is provided with support and assistance in navigating the acquisition process by being the central point of access to Government specialists involved in the process.

·        The residents are always treated with respect and sensitivity; their needs and those of their family are listened to and given consideration.

·        The residents are informed personally and promptly early in the process, from relocation to resettlement assistance where required and there is regular, timely engagement throughout the process through their assigned Personal Manager.

·        The residents are provided with all relevant information in a timely, easy to understand and transparent manner at all steps in the process with sequencing managed through their assigned Personal Manager.

·        The process allows the residents adequate time for consideration, negotiation, decision-making, and relocation, without unduly delaying the project. The timelines and deadlines are clearly explained.

·        The valuation and acquisition process is fair, consistent, and transparent based on ‘market value’ not reinstatement.

·        Clear reasons and explanations are given for financial calculations, offers and terms of settlement.

·        A full suite of support options and entitlements are unambiguous, easy to understand, simple to access and straightforward to administer.

·        Support options can be tailored to resident’s individual needs within the bounds of the overall offer.

·        Record, manage and monitor residents progress throughout the acquisition process to aid engagement at optimal times conducive to their need and requirements.

Based on the guidelines provided, it is recommended that Council write to the Premier and Minister for Transport reiterating that all current and future acquisitions be undertaken in accordance with the guidelines provided by The Centre for Property Acquisition.

FINANCIAL IMPLICATIONS

No financial/budget impact because of this report and recommendation.

FILE REFERENCE

D21/112532

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM045-21 Designated Parking in Georges River Shopping Centres for Frail and Older People

Councillor:       Councillor Konjarski 

 

MOTION:

That Council write to Shopping Centre Management across the Georges River local government area advocating for the provision of designated parking spaces in private shopping centre parking areas for people who are frail and older but are ineligible for NSW disability parking permits, similar to the provision of ‘parents with prams’ parking spaces.

 

DIRECTOR’S COMMENT

This Motion is consistent with Georges River Council’s Community Strategic Plan 2018-2028 Pillar 3 – Active and accessible places and spaces, Goal 3.3 – Everyone, including people with disability, navigates the LGA safely.

The Mobility Parking Scheme (MPS), managed by Transport for NSW, enables people with a mobility disability to use designated parking spaces. “Mobility disability” is defined under legislation as someone:

·        unable to walk due to the permanent or temporary loss of use of one or both legs, or other permanent medical or physical condition;

·        whose physical condition is detrimentally affected as a result of walking 100 metres; or

·        who requires the use of crutches, a walking frame, callipers, scooter, wheelchair or other similar mobility aid.

At the 2016 Census of Population and Housing, 15,937 (or 10.9% of total) people were reported to be 70 years or above residing in the Georges River Council LGA. There were 7,194 (or 4.9% of total) people reported to need assistance with core activities residing in the Georges River Council LGA. Of this, 4,257 (or 59.2% of total people needing assistance) were reported to be 70 years or above.

As at 31 December 2020, there were 8,150 permit holders under the MPS in the Georges River Council local government area (LGA).

There are approximately seven shopping centres with a central management entity within the Georges River Council LGA.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D21/113779

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool

Councillor:       The Mayor, Councillor Greene 

 

MOTION:

That having regard to:

(i)      Numerous previous reports provided to Council that the Kogarah War Memorial Pool and associated facilities are no longer fit for purpose such that they pose an unacceptable risk to the environment, the public’s safety and to Council as a landowner; and

(ii)     Further legal advice provided by Queen’s Counsel and Council’s insurer to Councillors on 8 December 2020 about the high risk to community safety and liability arising therefrom,

the General Manager be authorised to undertake the immediate demolition and remediation of the Kogarah War Memorial Pool complex in accordance with the development consent to eliminate the current risks to the community, the environment and to the Council.

 

 

DIRECTOR’S COMMENT

Since mid-2019, Council has been provided with advice from the NSW EPA, Queen’s Counsel, solicitors and its insurer about Council’s and Councillor’s liability arising from a failure to act to demolish the Kogarah War Memorial Pool and its associated facilities in circumstances where Council is aware that the Pool site poses a high risk to the community and the environment.

 

The Sydney South Planning Panel granted development consent on 31 May 2021 for the demolition of the existing pool and ancillary structures, remediation of contaminated land, earthworks and associated landscaping works (including a memorial wall).

 

In response to the granting of the development consent, on 23 June 2021 Council received updated advice from its insurers recommending that Council take action, consistent with all previous legal advice on the matter, to reduce the high risk to the community that the site poses. (Refer - confidential insurance advice on the Councillor Portal).

 

Furthermore, in order to mitigate potential Special Executive Liability for Senior Staff and personal (civil) and criminal liability for individual councillors, officers recommend that Council proceed to immediately implement the development consent.

 

FINANCIAL IMPLICATIONS

Legal advice expenditure (including Queen’s Counsel) incurred to date is $97,942.

Council allocated $3 million in the 2020/21 budget and $6.4 million in the 2021/22 budget for demolition and decontamination of the site. 

 

FILE REFERENCE

D21/84876

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM047-21 A Fairer Rating System for Pensioners in NSW

Councillor:       Councillor Tegg 

 

MOTION:

That Council write to the Minister for Local Government and request the NSW government to immediately:

a)   Increase the annual mandatory $250 pensioner rate rebate by CPI as it has not been increased since 1993;

b)   Remove the legal obligation for NSW councils to fund 45% of the annual pensioner rate rebate and fully fund the rebate in NSW (consistent with all other jurisdictions in Australia);

c)   Implement the Independent Pricing and Regulatory Tribunal’s (IPART) recommendation to introduce a NSW Government funded pensioner rate deferral scheme.

 

DIRECTOR’S COMMENT

Current holders of a Pensioner Concession Card who own and occupy a rateable property are eligible for a pensioner concession.

The Local Government Act 1993 provides for a pensioner rebate to a maximum of $250.  This amount has not changed since 1993.  Had the rebate been increased in line with CPI, this amount would be in excess of $450 in 2021.

Under the State's mandatory Pensioner Concession Scheme, the NSW Government requires councils to fund 45% of the rebate.  In Georges River, this rebate costs ratepayers approximately $900,000 each year.

The table below provides an overview of the funding provided by the governments of other States and Territories across Australia.

 

Type of Relief

Value of funding

Funding Source

NSW

Concession only

50% discount, up to $250 pa

55% state, 45% council

VIC

Concession only

50% discount, up to $218.30 pa

100% state

QLD

Concession only

20% discount, up to $200 pa

100% state

NT

Concession only

62.5% discount, up to $200 pa

100% NT govt.

TAS

Concession only

30% discount, up to $425 pa

100% state

WA

Concession or rate deferral

50% discount, up to $750 pa

100% state

SA

Rate (postponement) deferral only

All rates in excess of $500 pa

100% state

ACT

Concession and rate deferral

50% discount, up to $700 pa, deferral on rates in excess of $700

100% ACT govt.

Under the current scheme, the NSW Government funds 55% or about $78.5 million per annum of the cost of the mandatory rebate and local councils are obliged to fund 45% or $64.2 million per annum.

Council has approximately 8,000 properties that receive a pensioner concession on their annual rates. Pensioner concessions are expected to total $2 million in 2020/21. The 45% pensioner subsidy required to be provided by Council results in Georges River ratepayers foregoing some $900,000 in rates income each year.

When combined with the mandatory Emergency Services Levy (ESL) of $2.6 million required to be paid to the NSW government by Council every year, it results in all of Council’s annual increase in rates income of $2.4 million (and more) being lost to the NSW government as shown below:

Mandatory 2020/21 Payments and Rate Income Increase

Annual Increase in Rates Income to Council

+$2,400,000

Annual pensioner rebate

-$900,000

 

Annual ESL payment

-$2,600,000

Annual Loss to Council

$1,100,000

The IPART undertook a review of the Local Government Rating System, which included support for pensioners. The final report recommended:

·        For new and existing pensioners introducing a $1,000 rate deferral scheme that is indexed by CPI.

·        Give existing pensioners the option to access either the current concession or the deferring scheme.

·        That the current pensioner concession funding arrangement continue in its current form.

·        That the NSW Government fund the rate deferral scheme.

The IPART outlined that the objective of the recommendation was to maximise the cash-flow relief to pensioners so they could comfortably meet their bills, whilst minimising the costs of this enhanced assistance to other rate payers, councils, and the NSW Government.

Council resolved in July 2020, to expand the support for eligible pensioners by allowing the deferment of rates until the sale of their property, without being charged penalty interest.  In addition, Council offers interest-free monthly instalment payment options to pensioners who also have access to the full range of hardship payment plans that are available to the entire community.

FINANCIAL IMPLICATIONS

The proposed motion would further support the recommendations put forward by the IPART to the State Government to reduce the financial burden on councils and provide consistency with other States and Territories.

Full funding of pensioner rebates and emergency services by the NSW government would significantly improve the cost burden on Council and its operating deficit as these deductions from Council’s income total in excess of $3 million every year.

FILE REFERENCE

D21/123367

 


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM048-21 Investigation of Virtual Exhibitions and Walk-Through Tours

Councillor:       Councillor Liu 

 

MOTION:

That Council Officers meet with the Newcastle Art Gallery to understand the resources required to develop virtual exhibitions and walk-through tours to explore the potential establishment of similar programs in the Hurstville Museum & Gallery.

 

DIRECTOR’S COMMENT

This motion is consistent with Georges River Council’s Create Georges River Cultural Strategy, particularly the strategic direction “Express Georges River” which is focused on increasing opportunities to exhibit and perform.

Virtual exhibitions are a medium of delivery and engagement that have been adopted by many large galleries and museums across Australia, including the National Gallery of Victoria, the Australian Museum, the Western Australian Museum and the Australian War Memorial.

Virtual exhibitions enable people to access and engage with the contents of an exhibition remotely from a device with internet connectivity.

The design and format of virtual exhibitions is highly variable. This can include: the online delivery of a select exhibition for a given period; the online delivery of an entire collection (e.g. a virtual tour); or the delivery of an exhibition online only.

The Newcastle Art Gallery is owned and operated by the City of Newcastle and holds over 7,000 works of art. The Newcastle Art Gallery regularly makes a variety of its exhibitions virtually accessible and interactive. These initiatives are now well-established since being launched in January 2018.

Virtual exhibitions have increased in popularity due to the COVID-19 pandemic reducing the ability or willingness of many people to visit exhibitions in-person. Instead, with virtual exhibitions, collections can remain accessible despite the impacts of Public Health Orders.

Notably, virtual exhibitions also provide the potential for temporary physical exhibitions to become indefinitely accessible virtually through an online database of previous exhibitions.

Council officers will present the findings of any meeting to a Councillor Workshop for information.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D21/140596

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM049-21 Celebrating Lunar New Year 2022 (Little Lunar Event)

Councillor:       Councillor Liu 

 

MOTION:

That Council, following on from the success of the COVID-19 safe event Little Lunar 2021, supports Little Lunar 2022 celebrations to take place across our City in February 2022.

 

DIRECTOR’S COMMENT

On Friday 19 February 2021, Council celebrated the Year of the Ox with the Little Lunar 2021 event in Hurstville Plaza. Approximately 1,000 people attended the event. This event was delivered as part of Council’s COVID-19 Safe Events program, during the month of ‘In Good Taste’. Council adopted its Connecting the Community with COVID-19 Safe Events Program (COM031-21) in August 2020.

The COVID-19 Safe Events program is a significant component of the award-winning Georges River Council Economic and Social Recovery Plan.

Little Lunar 2021 was received positively with Council receiving excellent feedback from our community, with no COVID-19 community transmissions. The event promoted our LGA though positive stories and was featured across TV, radio, print and online.

It is likely that Australia will continue to be affected by COVID-19 outbreaks into the foreseeable future. Therefore, it is proposed that a similar suite of COVID-19 Safe Events be delivered for the summer event season 2022, including Little Lunar 2022 (welcoming in the Year of the Tiger). 

A program of scalable events and activations will continue to attract people into our town centres supporting small business and enhancing community wellbeing. This agile and innovative approach to events also ameliorates the financial and reputational risks of cancelling large scale events.

FINANCIAL IMPLICATIONS

Budgeted funds from the events budget of approximately $12,000 were allocated to the 2021 event. The 2021 event attracted $10,000 in grants and sponsorship. Grants and sponsorship will again be sought for the event in 2022.

FILE REFERENCE

D21/143185

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:          NM050-21 Georges River Property Portfolio Strategy 2019 - Surplus Sites

Councillor:       Councillor Hindi 

 

MOTION:

That In order for council and councillors to be open and transparent with the community I move that council:

a)      Submit a public report, detailing the exact location address of the properties identified for proposed disposal in Stage 2 of the Georges River Property Portfolio Strategy as part of report to open Council; 

b)      Anything relating to commercial or confidential matters such as valuations and costs associated to these properties should be included in a separate confidential report. 

 

DIRECTOR’S COMMENT

In November 2019, Council unanimously resolved to adopt the commercial-in-confidence Georges River Council Property Portfolio Strategy (Strategy).

In accordance with the Strategy, certain parcels of operationally classified lands were identified as surplus to Council’s operational requirements and therefore available for disposal. 

In consultation with Councillors, the surplus properties were programmed for sale in two stages to assist in reducing Council’s operating deficit and reduce the amount required to be levied under any Special Rate Variation (SRV).

In July 2020, Council resolved (FIN020A-20) to dispose of the surplus Stage 1 properties.  The disposal of the surplus Stage 2 properties was the subject of a Councillor Workshop in March 2021 and also formed part of the annual Budget Briefings process.

Any disposal of the surplus Stage 2 properties will require a separate resolution of Council (as per Section 377(h) Local Government Act 1993).

In accordance with Section 10A(2) of the Local Government Act 1993 officers recommend that the confidential locations of the Stage 2 surplus properties not be publicly divulged until after such time as Council has resolved to dispose of the properties. 

Disclosure of commercial information of this nature would prejudice the commercial position of Council and would confer a commercial advantage on a person(s) with whom Council is conducting (or proposes to conduct) business. Such disclosure is therefore not in the public interest as ratepayers could potentially suffer a commercial disadvantage should premature disclosure of locations occur.

FINANCIAL IMPLICATIONS

Councillors have previously been advised that should the Council not resolve to adopt the Special Rate Variation in the final 2021/22 Budget, disposal of sufficient surplus properties, reductions in services (staff) and other measures will need to be implemented to ensure Council’s financial sustainability.

FILE REFERENCE

D21/143926

  

QUESTIONS WITH NOTICE

Item:                   QWN028-21  Sydney South Planning Panel Approval - Demolition and Remediation of Kogarah War Memorial Pool Site 

Author:              Councillor Landsberry

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

On 27 May 2021, the Sydney South Planning Panel met to consider DA2020/0405-78, the demolition of Kogarah War Memorial Pool and ancillary structures, remediation of contaminated land, earthworks and associated landscaping works, and determined to approve the development application. The General Manager advised Council in February 2021 that tenders for demolition and remediation could not proceed until Council had received DA approval, that this process may take several months, and that demolition and remediation cannot proceed until that process is complete. 

Can the General Manager please advise:

a)      The status of the demolition and tendering process, and projected timeline; and

b)      How the development consent for demolition of the KWMP and ancillary structures, and remediation of contaminated land will interact with the resolution of Council from its meeting of 23 November 2020 - NM082-20 Proposed Feasibility Study - Kogarah War Memorial Pool, in which part b) of the resolution states that “the demolition of the old pool be postponed until Council has considered the feasibility studies of both Todd Park and Carss Park sites”?

OFFICER RESPONSE

a)      The Sydney South Planning Panel granted development consent on 31 May 2021 for the demolition of the existing pool and ancillary structures, remediation of contaminated land, earthworks and associated landscaping works (including memorial wall) on land known as 78 Carwar Avenue, Carss Park. 

        Request for Quotations (RFQ) and preparation of tender documentation for the various aspects of the project including hoarding installation, tree management, demolition, remediation and associated landscaping works has commenced.

The site has previously been identified by the NSW Environment Protection Authority, Council’s QC, external lawyers, insurers, contamination experts and the Police as high risk due to significant contamination and levels of vandalism and trespassing.

Therefore, in an attempt to mitigate potential Special Executive Liability for Senior Staff and personal (civil) and criminal liability for individual councillors, RFQ’s have been issued for hoarding installation, with others to be issued progressively as specification documentation is finalised and approvals obtained. 

It is anticipated that the RFQ hoarding contract will be awarded in July 2021 with construction to commence thereafter.  It is anticipated that the contract for demolition and remediation of the site could be awarded in mid-July 2021 (and implemented at any time thereafter, subject to a relevant Council resolution). Demolition of structures and remediation of the site is estimated to take approximately 10 months.

b)      Demolition of the structures and remediation of the site is currently postponed (refer NM082-20).  Notwithstanding, in the interests of public safety Council officers have prepared, or have commenced preparing, the necessary Request for Quotations (RFQ) and tender documentation to enable costings to be obtained for the demolition of the structures and remediation of the site and to enable contracts to be awarded in the future. 

In accordance with the advice of the NSW Environment Protection Authority, Council’s QC, external lawyers, insurers and contamination experts, should Council resolve to commence the demolition and remediation of the site, relevant contracts could be implemented without delay. 

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

Item:                   QWN029-21  Status of ICAC Investigation - Leaking of Confidential Information 

Author:              Councillor Hindi

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

 

COUNCILLOR QUESTION

Government News reported that, In March, the then deputy secretary of OLG Tim Hurst confirmed to a parliamentary committee that state’s corruption watchdog was investigating a matter relating to the Georges River.

The Committee heard that Georges River had referred to ICAC the leaking of information about a “systemic failure” to make developers pay public levies by a former constituent of the now merged Council.

In a subsequent statement to Government News Georges River Council confirmed that the leaking of confidential information had been referred to ICAC by General Manager Gail Connolly.

According to the article ICAC is investigation Georges River Council in relation to the leaking of confidential information. Is that correct?

OFFICER RESPONSE

Yes, according to the Government News article dated 11 March 2021:

“Mr Hurst said he was bound by ICAC secrecy provisions but said ”I understand that the council has written to us about ICAC’s correspondence to them that there is an investigation underway by ICAC.”

 

 

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 28 June 2021                                                                                 Page 1

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.

 

CCL041A-21     Netstrata Jubilee Stadium Naming Rights

(Report by Manager Premium Facilities)

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

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 commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council.

 

CCL042A-21     Property Matter - Unsolicited Offer, Carwar Avenue, Carss Park

(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.

 

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.