AGENDA


Council Meeting

 

Monday, 26 July 2021

7.00pm

 

Skype Online Meeting

 

 

 

 

 

 

 

 

 


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

 

 

 

 

 

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

CCL043-21       Confirmation of the Minutes of the Ordinary Council Meeting held on 28 June 2021

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

10.    MAYORAL MINUTE

Nil

11.    CONDOLENCES

12.    COMMITTEE REPORTS

CCL044-21       Report of the Environment and Planning Committee Meeting held on 12 July 2021

(Report by Executive Services Officer).................................................................... 31

CCL045-21       Report of the Finance and Governance Committee Meeting held on 12 July 2021

(Report by Executive Services Officer).................................................................... 45

CCL046-21       Report of the Assets and Infrastructure Committee Meeting held on 12 July 2021

(Report by Executive Services Officer).................................................................... 49

CCL047-21       Report of the Community and Culture Committee Meeting held on 12 July 2021

(Report by Executive Services Officer).................................................................... 57

 

13.    ENVIRONMENT AND PLANNING

Nil

14.    FINANCE AND GOVERNANCE

CCL048-21       COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - July 2021 Report

(Report by Manager, Office of the General Manager)........................................... 65

CCL049-21       Performance Improvement Order - Compliance Reporting

(Report by Director, Legal Services and General Counsel).................................. 69

15.    ASSETS AND INFRASTRUCTURE

CCL050-21       Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd)

(Report by Manager, Project Delivery)..................................................................... 87

16.    COMMUNITY AND CULTURE

Nil

17.    NOTICES OF RESCISSION

NR001-21          Notice of Rescission - NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool

(Report by Councillor Elmir)..................................................................................... 168

18.    NOTICES OF MOTION

NM051-21          Support for the Criminalisation of Coercive Control in NSW

(Report by Councillor Symington)........................................................................... 170

NM052-21          Creation of a Register for Heritage Conservation Management Plans

(Report by Councillor Payor).................................................................................... 172

NM053-21          Female Leaders Call for Pledge of Respect Ahead of Local Government Elections

(Report by Councillor Grekas)................................................................................. 173

NM054-21          Congratulations to the Kogarah Historical Society

(Report by Councillor Katris).................................................................................... 174

NM055-21          Merv Lynch (Edgbaston) Reserve - Funding for Playground Works

(Report by Councillor Liu)......................................................................................... 175

NM056-21          Council Advocacy - Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

(Report by Councillor Symington)........................................................................... 176

NM057-21          Virtual Exhibition for 'Our Journeys I Our Stories'

(Report by Councillor Liu)......................................................................................... 178

NM058-21          Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill

(Report by Councillor Katris).................................................................................... 179

NM059-21          Proposed Feasibility Study - BMX/Mountain Bike Track in Georges River

(Report by Councillor Grekas)................................................................................. 182

NM060-21          Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River

(Report by Councillor Payor).................................................................................... 183

19.    QUESTIONS WITH NOTICE

QWN030-21      Introduction of Countback Elections for Casual Vacancies in Georges River Local Government Area

(Report by Councillor Tegg)..................................................................................... 185

QWN031-21      Georges River Council - Community Outcomes 2017 to 2021

(Report by Councillor Tegg)..................................................................................... 186

QWN032-21      Proposed Funding Strategy for a Georges River Regional Aquatic Facility

(Report by Councillor Elmir)..................................................................................... 189

QWN033-21      Lighting of Parks and Sporting Fields During the COVID-19 Pandemic

(Report by Councillor Katris).................................................................................... 192

20.    CONFIDENTIAL (CLOSED SESSION)

CCL049A-21     Property Matter - Edgbaston Road, Beverly Hills

(Report by Head of Strategic Property)

 


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Item:                   CCL043-21   Confirmation of the Minutes of the Ordinary Council Meeting held on 28 June 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 28 June 2021 be adopted.

 

Executive Summary

The Minutes of the Ordinary Council Meeting of 28 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

D21/165594

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Ordinary Council Meeting - 28 June 2021

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL043-21             Confirmation of the Minutes of the Ordinary Council Meeting held on 28 June 2021

[Appendix 1]           UNCONFIRMED MINUTES - Ordinary Council Meeting - 28 June 2021

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

MAYORAL MINUTE

Nil

 

COMMITTEE REPORTS

Item:                   CCL044-21   Report of the Environment and Planning Committee Meeting held on 12 July 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 ENV030-21 to ENV036-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Item ENV030-21 to ENV036-21 are submitted to Council for determination.

These recommendations were made by the Environment and Planning Committee at its meeting on 12 July 2021.

COMMITTEE RECOMMENDATIONS

 

ENV030-21       Adoption of the Beverly Hills Town Centre Master Plan 2021

        (Report by Senior Strategic Planner)

That consideration of this matter be deferred to a Councillor workshop to allow Council staff an opportunity to explain the submissions received, amendments to the development controls such the increase in floor space ratio  and height (in particular for sites on King Georges Road) following the exhibition of the draft plan and a review of the approach to compulsory acquisition of properties in  the areas such as between Frederick Street and Norfolk Street.

 

 

ENV031-21       Public Exhibition of Draft Plan of Management and Master Plan for     Moore Reserve 2021

(Report by Strategic Planner)

(a)     That Council endorse the draft Moore Reserve Plan of Management and Master Plan for public exhibition for a period of no less than 28 days in accordance with Section 38 of the Local Government Act 1993.

(b)     That Council notify the draft Plan of Management and Master Plan to the Minister (NSW Department of Planning, Industry and Environment), as landowner of part of the land under Section 39 of the Local Government Act 1993 to obtain owner’s consent prior to public exhibition.

(c)     That Council seek written consent from the Minister (NSW Department of Planning, Industry and Environment) to adopt the draft Plan of Management, in accordance with Section 3.23(6) of the Crown Land Management Act 2016.

(d)     That Council endorse the proposed changes to the land categorisation and hold a public hearing under Section 40A of the Local Government Act 1993.

 

 

ENV032-21       Adoption of Former Oatley Bowling Club Plan of Management and Master Plan 2021

(Report by Strategic Planner)

(a)     That Council, pursuant to Section 40(2)(b) of the NSW Local Government Act 1993, confirms that the amendments to the Former Oatley Bowling Club and Closed Road Plan of Management do not require re-exhibition of the draft Plans.

(b)     That Council adopt the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan as amended in accordance with Section 40 of the Local Government Act 1993.

(c)     That Council authorise the General Manager to make minor editorial modifications in the finalisation of the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan.

(d)     That all persons who provided a submission during the public exhibition of the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan be notified of Council’s decision.

 

 

ENV033-21       Establishment of Small Waste Items Recycling Station Program

(Report by Manager Environment Health & Regulatory Services)

(a)     That Council note the outcomes of the trial of the small waste items recycling station in the Georges River Customer Service Centre.

(b)     That Council endorse the establishment of the Small Waste Items Recycling Station Program within suitable Council facilities for the collection of CDs/DVDs, household batteries and mobile phones.

 

 

ENV034-21       PP2016/0002 - Amended Planning Proposal for the Hurstville Civic Precinct

(Report by Senior Strategic Planner)

(a)     That the Georges River Council endorse the Planning Proposal (PP 2016/0002) to amend the Hurstville Local Environmental Plan 2012 (HLEP 2012) (or if gazetted the Georges River Local Environmental Plan) as it applies to the Georges River Council owned site known as the Hurstville Civic Precinct Site, bound by Queens Road, Dora Street, MacMahon Street and Park Road which seeks to:

a.    Amend the HLEP 2012 Land Zoning Map - Sheet LZN_008A to remove the ‘Deferred Matter’ and rezone the site to B4 Mixed Use;

b.    Amend the HLEP 2012 Height of Buildings Map - Sheet HOB_008A to set:

i.   a maximum height of 20 metres under the height designation of ‘Q1’ at the south western portion of the site;

ii.  a maximum height of 30 metres under the height designation of ‘U’ at the south western corner of the site; and

iii. a maximum height of 60 metres under the height designation of ‘AA’ at the north eastern portion and south eastern corner of the site.

c.    Amend the HLEP 2012 Maximum Floor Space Ratio Map - Sheet FSR_008A to set:

i.   a maximum FSR of 3:1 under the FSR designation of ‘V’ at the south western portion of the site;

ii.  a maximum FSR of 7:1 under the FSR designation of ‘AB’ at the central/ north eastern portion of the site; and

iii. a maximum FSR of 5:1 under the FSR designation of ‘Z’ at the north eastern portion of the site. 

d.    Amend Schedule 4 of HLEP 2012 to reclassify Lot 13 in DP 6510 and Lot 14 in DP 6510 (i.e. former Baptist Church and adjoining land, known as 4-6 Dora Street) from ‘community’ to ‘operational’ land.

e.    Amend HLEP Active Street Frontages Map - Sheet ASF_008A by deleting the red line identifying 4-6 Dora Street (Lot 13 in DP 6510 and Lot 14 in DP 6510) as having active street frontage.

f.     Amend HLEP 2012 by including the heritage item (Item I157) listed in Schedule 2 of the HLEP 1994 within Schedule 5 (Environmental heritage) of HLEP 2012 and amend Heritage Map - Sheet HER_008A to identify the same Item on the map.

g.    Amend HLEP 2012 by inserting a development standard under Part 6 Additional Local Provision as follows:

6.10  Hurstville Civic Precinct

(1)  The objective of this clause is to facilitate the provision of community facilities and public benefits on the Hurstville Civic Precinct site.

(2)  This clause applies to land bounded by Queens Road, Park Road, MacMahon Street and Dora Street.

(3)  Development consent must not be granted on land to which this clause applies unless the consent authority is satisfied that the development will include:

(a)   Residential land uses to a maximum of 55% of the total permissible GFA; and

(b)   Community uses and facilities to a minimum of 25% of the total permissible GFA; and

(c)   Public open space at ground level to a minimum of 50% of the total site area inclusive of a civic plaza that receives an average of 50% direct sunlight between 11 am and 2pm midwinter; and

(d)   Car parking for general public use that is additional to the requirements for all land uses.

(4)  For the purposes of this clause, community facilities for Hurstville Civic Precinct site means Council administrative and civic offices; multipurpose auditorium, library, museum, art gallery, community centre, associated uses such as cafés; a range of recreation, relaxation or study areas; and any other use that Council may consider appropriate to meet the needs of the community.

(b)     That Georges River Council forward the Planning Proposal (PP 2016/0002) to the delegate of the Minister for Planning requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

(c)     That should a Gateway Determination be issued by Department of Planning, Industry and Environment to permit exhibition of the Planning Proposal, a public hearing take place in accordance with the provisions of the NSW Local Government Act 1993 and the DPIE’s Practice Note PN 16-001 Classification and Reclassification of Public Land through a Local Environmental Plan.

(d)     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.

(e)     That prior to the public exhibition of the Planning Proposal as part of any successful Gateway determination, the following documents are prepared by the Proponent in order that they form part of the public exhibition:

a.      A Civic Precinct Public Amenities and Facilities Strategy.

b.      A Civic Precinct Public Domain Plan Strategy.

c.      A Conservation Management Plan (CMP) prepared for the Hurstville City Museum and Gallery; and

d.      A revised Traffic Impact Assessment.

(f)      That Council resolve to prepare an amendment to the Hurstville DCP No. 2 (which applies to land within the Hurstville City Centre) and exhibit the amendment along with the Planning Proposal in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and its Regulation.

(g)     That prior to the exhibition of the amendment to the Hurstville DCP No. 2 the DCP prepared by the Proponent be amended by the Proponent to address the recommendations in this report and the recommendations of the Council Report dated 25 May 2020.

 

 

ENV035-21       PP2019/0003 - Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst

(Report by Strategic Planner)

(a)     That consideration of this item be deferred to a Councillor workshop to allow staff an opportunity to explain  the proposed heights and the floor space ratio  on the site in comparison to the permissible heights and floor space ratios currently permitted in the existing B1 zoning, the correlation of the proposed floor space ratio and the proposed height and  consideration  of the School of Arts site  and whether it can be developed by itself taking into account elements such as site width and access.

(b)     That a printed copy of the Planning Proposal, the Planning Report and Council’s resolution be provided to the Trustees of the School of Arts.

 

 

ENV036-21       Voluntary Planning Agreement Offer for 143-149 Boundary Road and      689 Forest Road, Peakhurst

(Report by Executive Strategic Planner))

(a)     That consideration of this matter be deferred to ensure it is considered at the same time as Planning Proposal PP2019/0003.

(b)     That further information be provided to all Councillors at a workshop on the methodology used to calculate and review the Voluntary Planning Agreement offer.

File Reference

D21/165046

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Environment & Planning Committee Meeting - 12 July 2021

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL044-21             Report of the Environment and Planning Committee Meeting held on 12 July 2021

[Appendix 1]           UNCONFIRMED MINUTES - Environment & Planning Committee Meeting - 12 July 2021

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   CCL045-21   Report of the Finance and Governance Committee Meeting held on 12 July 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 FIN033-21 and FIN034-21 as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items FIN033-21 and FIN034-21, are submitted to Council for determination.

These recommendations were made by the Finance and Governance Committee at its meeting on 12 July 2021.

COMMITTEE RECOMMENDATIONS

FIN033-21         Administrative Matter - Execution of Documents Under Delegated Authority (1 June 2021 to 30 June 2021)

(Report by Manager, Office of the General Manager)

That Council note, for the period 1 June 2021 to 30 June 2021, there were six (6) documents executed by the General Manager under delegation.

 

 

FIN034-21         Investment Report as at 31 May 2021

(Report by Coordinator, Financial Management)

That Council receives and notes the contents of the Investment Report as at 31 May 2021.

File Reference

D21/165184

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Finance & Governance Committee Meeting - 12 July 2021

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL045-21             Report of the Finance and Governance Committee Meeting held on 12 July 2021

[Appendix 1]           UNCONFIRMED MINUTES - Finance & Governance Committee Meeting - 12 July 2021

 

 

Page 0

 




Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   CCL046-21   Report of the Assets and Infrastructure Committee Meeting held on 12 July 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 ASS024-21,ASS025-21 and ASS046A-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items ASS024-21, ASS025-21 and ASS046A-21, are submitted to Council for determination.

These recommendations were made by the Assets and Infrastructure Committee at its meeting on 12 July 2021.

COMMITTEE RECOMENDATIONS

ASS024-21        Georges River Local Traffic Advisory Committee 6 July 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 6 July 2021 be adopted by Council.

 

 

ASS025-21        Establishment of a Cultural Burn (Hazard Reduction) and Bushcare Program for Georges River

(Report by Senior Operations Leader - Bushcare)

(a)     That Council notes the findings and recommendations of the technical study prepared by Eco Logical Australia, Peakhurst Foreshore Reserve, Lime Kiln Bay Cultural Burn Feasibility.

(b)     Council Officers as a matter of urgency, consult with the Koori Country Cultural Fire Aboriginal Corporation with regard to its willingness to be involved in an Culturally Informed Burn at Peakhurst Foreshore Reserve.

(c)     Council Officers explore the possibility of developing additional Bushcare partnerships with Tertiary Education Institutions and actively promote the recently developed Bushcare Corporate Volunteer Program (when COVID-19 restrictions permit). That Council Officers continue to seek grant opportunities for the Bushcare and Regeneration Program.

(d)     The outcome of both (b) and (c) are to be reported to the October 2021 regular Council Meeting.

 

 

ASS046A-21     Mortdale Town Centre Streetscape Upgrade - Contract and Budget Implications

(Report by Manager, Project Delivery)

(a)     That the Mortdale Town Centre Streetscape Upgrade (Stages 1 and 2) project budget be increased by $880,000 to $4.88 million as a result of the quotations obtained from the procurement process.

(b)     That the funding sources be amended to reflect the additional external grant funding sourced by Council officers for the project (Local Roads and Community Infrastructure (Phase 3) grant funding of $750,000 and the Transport for NSW Stimulus Funding of $130,000).   

(c)     That the approved budget amendments be reflected in the First Quarterly Budget Review Statement for period ending 30 September 2021.    

 

File Reference

D21/165332

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED Minutes of Assets and Infrastructure Committee - Monday, 12 July 2021

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL046-21             Report of the Assets and Infrastructure Committee Meeting held on 12 July 2021

[Appendix 1]           UNCONFIRMED Minutes of Assets and Infrastructure Committee - Monday, 12 July 2021

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   CCL047-21   Report of the Community and Culture Committee Meeting held on 12 July 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 COM023-21 to COM026-21, as detailed below, be adopted by Council.

 

Background

The following Committee recommendations for Items COM023-21 to COM026-21 are submitted to Council for determination.

These recommendations were made by the Community and Culture Committee at its meeting on 12 July 2021.

COMMITTEE RECOMENDATIONS

COM023-21       Economic and Social Recovery Program - Quarterly update

(Report by Senior Project Officer)

(a)  That Council receive and note the attached Economic and Social Recovery Program update for the 2020/21 Quarter 4 reporting period.

(b)  That Council notes that reporting on this program will cease after this period as initiatives are funded from the 2020/2021 budget.

(c)   That Council commits to ensuring the financial viability of our tenants and partners, by continuing appropriate fee and rental relief consistent with the National Code of Conduct for Commercial Tenancies until the NSW Public Health Order permits reopening to the public.

 

 

COM024-21       Quarterly Community Property Report - 1 April to 30 June 2021

(Report by Community Property Officer)

That Council receives and notes the Community Property Report for the period 1 April 2021 to 30 June 2021.

 

 

COM025-21       T20/010 Contract for After-hours Contact Centre

                               (Report by Coordinator Customer Experience Development)

(a)     That, under Section 178 (1) (a) of the Local Government (General) Regulation 2005, Council accepts the tender that is recommended as the most advantageous tender for T20/010, After-hours Contact Centre Tender.

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

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

 

 

COM026-21       T20/024 Penshurst Park Youth Facility - Operational Management

(Report by Business Improvement Officer)

(a)     That under Section 178(1)(a) of the Local Government (General Regulation) 2005, Council accept the tender that is recommended as the most advantageous for T20/024 Penshurst Park Youth Facility – Operational Management 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 informs unsuccessful Tenderers of the resolution.

File Reference

D21/165561

 

 

 

ATTACHMENTS

Attachment 1

UNCONFIRMED MINUTES - Community & Culture Committee Meeting- 12 July 2021

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL047-21             Report of the Community and Culture Committee Meeting held on 12 July 2021

[Appendix 1]           UNCONFIRMED MINUTES - Community & Culture Committee Meeting- 12 July 2021

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

ENVIRONMENT AND PLANNING

Nil

FINANCE AND GOVERNANCE

Item:                   CCL048-21        COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - July 2021 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 28 June 2021 Council resolved to adopt a revised Instrument of Delegation to the Mayor MM008-21.

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.      Councillors are 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

D21/153469

 

ATTACHMENTS

Attachment 1

ATTACHMENT TO COUNCIL REPORT 21 July 2021 - COVID-19 Instrument of Delegation of the Mayor (up to 21 July 2021)

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL048-21             COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - July 2021 Report

[Appendix 1]           ATTACHMENT TO COUNCIL REPORT 21 July 2021 - COVID-19 Instrument of Delegation of the Mayor (up to 21 July 2021)

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   CCL049-21   Performance Improvement Order - Compliance Reporting 

Author:              Director, Legal Services and General Counsel

Directorate:      Office of the General Manager

Matter Type:    Finance and Governance

 

 

 

Recommendation:

(a)     That Council note that the first compliance report required under the Minister’s Performance Improvement Order of 29 June 2021 was provided to the Minister on 5 July 2021 (First Compliance Report).

(b)     That the First Compliance Report (Attachment 1) be tabled and made publicly available on the Council’s website.

 

Executive Summary

1.      On 29 June 2021, the Minister for Local Government, the Honourable Shelley Hancock MP (the Minister) served Georges River Council (Council) with a Performance Improvement Order (Order) pursuant to the Local Government Act, 1993 (Act).

2.      The Order included a number of actions with specified deadlines for requirements. 

3.      Action 4 of the Order included a requirement that all Councillors sign a written undertaking within seven days of the Order.

4.      The Act requires Council to provide compliance reports on the Order to the Minister in the timeframes set out in the Order.

5.      On 5 July 2021, the Council provided the first compliance report to the Minister (First Compliance Report). 

6.      This report contains the First Compliance Report sent to the Minister.  Fourteen of the fifteen Councillors complied with Action 4 of the Order.

Background

7.      On 29 June 2021, the Minister served Council with an Order pursuant to section 438A of the Act.

8.      Schedule 2 of the Order included Action 4 which required each Councillor to sign a written undertaking in the form contained in Schedule 3 to the Order within seven days of the date of the Order, being 5 July 2021.

9.      All Councillors were requested via emails on 29 June 2021 to submit their signed undertakings to the General Manager before 12:00pm on 5 July 2021 for collation and forwarding to the Minister’s Office.  Fourteen of the fifteen Councillors ultimately supplied written undertakings. 

10.    Pursuant to the Act, it is the governing body of the Council that is responsible for ensuring Council’s compliance with the Order. Council must provide written reports to the Minister demonstrating how it has complied with specified actions within the Order on or before the stipulated timeframes.

11.    The first action required by Council was to provide the written undertakings by 5 July 2021.  By letter dated 5 July 2021, which is attached to this report, the Council provided the First Compliance Report to the Minister. This included notification to the Minister that Councillor Rita Kastanias failed to comply with Action 4 of the Order.

12.    In the interests of both transparency and the public interest, it is recommended that the First Compliance Report be tabled and made available to the public in an open forum, including being placed on Council’s website.

Financial Implications

13.    No budget impact for this report.

Risk Implications

14.    No risks identified.

File Reference

D21/170009

 

 

 

ATTACHMENTS

Attachment 1

Representation - Shelley Hancock MP - Performance Improvement Order

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL049-21             Performance Improvement Order - Compliance Reporting

[Appendix 1]           Representation - Shelley Hancock MP - Performance Improvement Order

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

ASSETS AND INFRASTRUCTURE

Item:                   CCL050-21   Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd) 

Author:              Manager, Project Delivery

Directorate:      Assets and Infrastructure

Matter Type:    Assets and Infrastructure

 

 

 

Recommendation:

(a)     That Council notes the findings and recommendations of the technical study Regional Aquatic Leisure Centre – Todd Park Site Assessment Review 2021 prepared by Otium Planning Group Pty Ltd.

(b)     That Council note that Todd Park has been confirmed as a suitable site for the future construction of a regional aquatic facility.

(c)     That Council take no further action to progress the concept at Todd Park as Council has not identified any source of funding to enable the construction of a third aquatic facility in Georges River.

 

Executive Summary

1.      Council resolved on 25 May 2020 that work should commence immediately on detailed site investigations at Todd Park, Blakehurst.

 

2.      This decision followed the determination of the Regional Aquatic Facility Site Suitability and Feasibility Study 2020, that Todd Park was the top ranking site for a third Regional Aquatic Leisure Centre (RALC) in the Georges River LGA. 

 

3.      This report presents the results of the Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021.

Background

2.      On 25 May 2020, Council received and noted the findings of the Regional Aquatic Facility Site Suitability and Feasibility Study 2020 prepared by industry experts Otium Planning Group.  The Regional Aquatic Facility Site Suitability and Feasibility Study recommended Todd Park in Blakehurst as the top ranking site, potentially providing the Georges River community with access to a state-of-the-art Regional Aquatic Facility.

3.      At this meeting, Council resolved:

(a)     That Council notes the findings and recommendations of the Regional Aquatic Facility Site Suitability and Feasibility Study prepared by the Otium Planning Group Pty Ltd dated May 2020.

(b)     That Council confirms the need for a Regional Aquatic Facility that meets the current and future demand for a broad range of aquatic facilities and services to meet the needs of our growing community.

(c)     That in accordance with section 8B of the Local Government Act, specifically that “Councils should invest in responsible and sustainable infrastructure for the benefit of the local community” and that “the current generation funds the cost of its services”, Council confirms that it will make every effort to ensure that the Regional Aquatic Facility is designed so that its revenue is sufficient to cover its running and maintenance costs, while meeting the needs of as many current and future residents as possible.

(d)     That Council commence, as a matter of urgency, the next stage of detailed technical investigations for the highest ranking location to confirm that the site is suitable for the proposed development of a regional aquatic facility, including all necessary technical studies and the preparation of high level cost estimates that would enable a Preliminary Business Case to be prepared in the future.

(e)     That funding of up to $200,000 be allocated from the Aquatic Facilities Reserve to commence the detailed technical investigations required for the highest ranking location.

(f)      That having regard to previous reports provided to Council which highlight that the Kogarah War Memorial Pool and associated facilities are no longer fit for purpose, and Council’s insurance liability arising from the potential risk that the facility poses to community safety, the General Manager be authorised to:

i.   Prepare a report on establishing a ‘Hall of Fame’ as part of the proposed regional aquatic facility project to recognise the athletes and coaches who trained at the Kogarah War Memorial Pool, including the identification of an appropriate budget;

ii.  Prepare a report on the erection of a permanent war memorial in an appropriate landscape setting at the site of the existing pool that ensures the site remains open green space for community use; and

iii. Undertake the immediate demolition of the Kogarah War Memorial Pool complex, decontaminate and undertake remediation of the site to eliminate the current safety risks to the community.”

4.      The Regional Aquatic Facility Site Suitability and Feasibility Study 2020 identified that the facility should contain the following components:

 Aquatic Areas

·        Multi-use 50m s x 10 lane FINA compliant swimming pool with access ramp and moveable boom or swim wall (may be indoor or outdoor subject to further business modelling)

·        Shared program/learn to swim and leisure pool with toddler’s water area.

·        Warm water program pool with adjoining spas and saunas

·        Water play and splash pad

·        Waterslides and adventure water

Health, Fitness and Wellness Facilities

·        Gym and weight facilities

·        Group fitness rooms

·        Wellness centre

Social and Retail Facilities

·        Café and social area

·        Merchandise area

·        Community/function/meeting areas

Customer Service Facilities

·        300 vehicle carparks

·        Plant rooms and amenities

5.      A RALC at Todd Park would have the potential to offer multi-faceted sport and recreational experiences, cater to a much broader section of the community than aquatic centres which are currently available in the area, and offer a place for people of all ages and abilities to enjoy sport and recreation into the future.

6.      A multi-use 50m, 10 lane pool catering for both competitive and recreational swimmers, a learn to swim and leisure pool, a warm water program pool with adjoining spa and saunas and toddler’s water area, are also possible facilities for the site. The facility could also incorporate community meeting areas, a gym and weights room, café and areas for community socialising.

7.      Following the resolution of Council on 25 May 2020, Council staff commenced the procurement process to undertake the detailed site assessment. The consultancy brief was issued, via Tenderlink, to companies on the State Government Construction Consultants Panel SCM005 and the Otium Planning Group provided the submission that best addressed the criteria of the brief.

8.       In order to complete the detailed site investigations at Todd Park the following tasks were completed:

a)      The development of a preliminary schematic concept design for the 9500m2 development to determine how the required design components can be best delivered functionally at this site. The design footplate was required to maximise the remaining open space at the park for football and cricket and general passive recreation and also determine optimal parking configuration and location.

b)      An environmental sustainability review to test best ESD orientation options, design and component functional options and any restrictions to design such as site levels etc.

c)      The development of a construction footplate plan to test the need for civil works such as site levelling, terracing, cut and fill and the need for excavation and underground works i.e. for parking options.

d)      Site ground level reviews to determine the cost to develop the proposed facility in relation to excavation and civil works at the site.

e)      The completion of a detailed services review in consultation with the various authorities and agencies (power, water, sewer, gas, and telecommunications) to determine current and future services capacity at the site against the service needs of the development based on the construction footplate. The requirements for, and costs associated with service upgrades, approvals/design development and modifications needed for compliance were also identified.

f)       The completion of a local flood study for Todd Park in consultation with Council’s Drainage Engineers and other relevant state agencies.

g)      Preparation of a detailed traffic impact study to assess the additional peak hour traffic to be generated from the development in order to determine an optimal entry and exit points in consultation with RMS and Council’s Traffic Engineers.

h)      A detailed geotechnical investigation including ground condition review, soil tests for foundations, water table etc.

i)       Contamination review to test whether the site has contaminated soil cost impact

j)       Assessment of potential environmental impacts of the proposed development including the need to remove any established trees and determine mitigation measures.

k)      Assessment of potential heritage impacts.

l)       The commissioning of a Quantity Surveyor with specialised experience in Regional Aquatic Leisure Centres to prepare indicative costings for the development and associated car parking (all services and associated works) and surrounding infrastructure upgrades to guide the project budget and funding strategy. This included the development of a capital cost plan to determine whether the site has any cost issues related to development/design.

m)     A review of existing park user groups and the consideration of options to relocate clubs/users if required.

n)      Consideration of the draft Carss Park and Todd Park Plan of Management currently under development.

9.      The Otium Planning Group has now submitted its final report to Council following the completion of detailed site investigations, technical studies, analysis of results, concept design development and the preparation of cost estimates.

10.    After reviewing all the data and identifying the constraints and opportunities of the site, the Otium Planning Group has determined that a RALC at Todd Park would best be delivered through a two-storey facility built over a ground level car park.

11.    The recommended development footplate is based on the final facility concept layout which is presented in Section 3 of the attached Todd Park Assessment Report. 

The proposed development footplate:

·        Allows for the delivery of a full sized, high quality outdoor playing field.

·        Provides adequate open space and tree buffers between the development and adjoining northern residential and eastern bushland areas.

·        Avoids relocation of major underground services.

·        Reduces the cost of excavation.

·        Incorporates a swale to manage overland flow across the site.

·        Minimises the need for tree and flora removal.

·        Meets area and cultural heritage planning requirements.

·        Provides a high standard of site vehicle access and car parking provision

12.    Two development options were progressed by Otium to the design and capital cost stage.  Option 1 includes an outdoor 50m pool while Option 2 has an indoor 50m pool.

13.    The indicative capital cost for Option 1 with an outdoor 50m pool is $78.88 million.

14.    The indicative cost for Option 2, with an indoor 50m pool, is $86.94 million. 

15.    The layout of all of the facility components are the same within both options with the only difference being the cost of the roof and associated HVAC systems required for the indoor 50m pool option which have been included in the cost of option 2. 

16.    The cost estimates also include all supporting infrastructure upgrades such as service adjustments, drainage, car parking, playing field upgrades, landscaping and amenities.

17.    The capital cost estimates have been informed by all of the specialist site assessment reports as listed in Sections 3 and 4 of the attached Todd Park Assessment Report.

18.    The proposed facility concept and site development footplate includes all the recommended components (detailed above) necessary to meet the needs of the community and the functional and operational requirements specified in the RALC Site Suitability and Feasibility Study 2020.

19.    A Hall of Fame, as resolved by Council on 25 May 2020, has also been incorporated into the concept design.

Key Technical Findings

Geotechnical and contamination investigations

20.     JK Geotechnics and Environments completed a detailed geotechnical and contamination investigation for the proposed development footplate on the site. Based on the result of borehole and cone penetration tests, and the anticipated moderate to high loads of the proposed development, it is recommended that all loads be supported on piles founded in the underlying sandstone bedrock which was encountered at depth. These works have been incorporated into the indicative capital cost estimates.

21.     The borehole and soil sampling generally encountered fill material (i.e. historically clean imported soils) to depths of approximately 1m to 1.7mBGL, underlain by Hawkesbury Sandstone and natural alluvial soils. 

The sampling results showed:

·        Fill typically comprised of silty clay, silty sandy clay, clayey silt, sandy clay, clayey sand and sand with inclusions of igneous, sandstone, ironstone and siltstone gravel, brick fragments, clay fines, sand root fibre and ash.

·        One fragment of bonded fibre cement was found at ground level within exposed soil along the eastern side boundary. No other fragments were observed during the site inspection.

·        Two soil samples highlighted low level of analytes with both concentrations below the CT1 criterion, so able to be easily managed.

Based on the findings of the investigation, JK Environments are of the opinion that the site can accommodate a proposed RALC.

Flood Assessment and Stormwater Review

22.    Woolacott’s Consulting Engineers assessed the 100 year ARI flood extent of the existing and proposed site to provide preliminary concept stormwater management strategies to manage overland flow through the site.

23.    A dedicated, turfed overland flow channel through the site has been proposed to manage overland flow for the park. On-Site Detention (OSD) is not required to manage on-site stormwater for the development. However, stormwater surface runoff from the proposed development shall be collected by a pit and pipe network and be treated to the requirements outlined in the Georges River Council’s Stormwater Management Policy before discharging to the existing Council stormwater assets. Rainwater tanks for reuse are to be provided for the development depending on the water reuse demand.

24.    Ultimately, modelling has shown that the proposed RALC development with turfed open channel will improve overland flow and will result in an overall decrease in the flood levels for the current site.

Environmental Impact Assessment Review

25.    Ethos Urban conducted a Preliminary Environmental Impact Assessment for the proposed development. The report highlights that the proposed development is permitted, with development consent, within the RE1 Public Recreation zone.

26.    The assessment study also found there were no maximum building height or floor space ratio development standards with which to comply under the Kogarah Local Environmental Plan 2012.

27.    Key issues that would need to be addressed in a future Development Application which have guided the proposed facility concept and site layout plans include:

·        Vehicular access and parking provision

·        Impacts of stormwater and flooding

·        Noise, visual and view impacts

·        Light spill

·        Crime and safety

·        Contamination

·        Potential heritage and archaeology.

Based on the information available and reviewed to date, Ethos Urban is of the opinion that these issues can be addressed and managed successfully through the detailed design development and planning phases.

Heritage Impact Assessment

28.    Curio Projects Pty Ltd completed a preliminary historical investigation and assessed the potential impacts on archaeology that would need to be considered in any future development of the site. The assessment found that Todd Park is not an item of local heritage significance on Schedule 5 of the Kogarah Local Environmental Plan (LEP) 2012 and does not contain any listed heritage items. The proposed development will have little physical impact on any built heritage items in the vicinity of the site.

Site Services Review

29.    Woolacott’s Consulting Engineers undertook an assessment of Existing Hydraulic Services at the site.

30.    The assessment examine the existing authority services and infrastructure present in the area surrounding the proposed site. The services assessed included Domestic Cold Water Services, Sewer Services, Trade Waste and Gas Services in order to determine their proximity to the site and suitability in servicing the proposed development.  The hydraulics report identified that the site is well serviced for water and sewer and that only minor upgrades are required to support the development with a total cost estimate of approximately $110,000 for water and sewer.

31.    It was determined that existing gas services to site will meet all service level requirements.

32.    The Ausgrid high voltage cabling along Bunyala Street will need to be altered as part of the Level 3 Accredited Service Provider (L3ASP) design for a new substation to service the aquatic centre load. The electrical load needed for the development will require the introduction of a new onsite substation.

33.    Investigations also show that the site is well serviced by communication services and an allowance of $50,000 has been made for communications.

34.    In summary the site is well serviced and only minor upgrades are required.

Arboriculture Assessment

35.    The arboricultural assessment, conducted by Moore Trees Arboricultural Services, was used to guide the location of the facilities in order to minimise site tree and fauna loss.

36.    The study noted that the development may require the removal of approximately 28 trees in the area closest to the Bunyala Street entry point.  The widening of the Princes Highway may require up to 17 trees to be removed.

37.    Further consideration of the potential impact of the trees along the proposed drainage swale will be required when detailed design is completed on the proposed ground and excavation levels. The report noted that where possible, earthworks around the tree protection zones are to be minimised to retain as many existing trees as possible. An offset tree replacement planning scheme is recommended to be included in the development application stage of the project should it proceed in the future.

Environmental Sustainability Strategy

38.    Integral Group undertook a sustainability strategy review to inform the RALC concept design to include Environmentally Sustainable Design (ESD) initiatives that:

·        Minimise the consumption of resources, energy and water.

·        Optimise indoor environment quality and occupant well-being.

·        Appropriately select and procure sustainable building materials.

·        Diminish harm to and enhance the quality of local ecology; and

·        Promote and strengthen the project’s social and cultural contributions

39.    The ESD review has guided the key requirements of the RALC so that it will meet a 4 green star rating (which is the highest rating currently being achieved by existing RALC facilities in Australia). These requirements have been included in the project’s capital cost estimates.

40.    The ESD review also detailed future sustainability initiatives that Council could adopt at the detailed design stage that would enable GRC to lead the industry and the region through the development of a 5 or 6 green star rated, long-term carbon neutral facility.

41.    Furthermore, the sustainability initiatives included in the design will assist GRC in meeting its environmental sustainability policy targets whilst making the project attractive for State and Commonwealth funding support.

Development Impact on Existing User Groups

42.    Otium Planning Group undertook a review of sports club and association utilisation of Todd Park to determine the impacts on existing user groups. This included an options analysis for the relocation of those displaced by the future site development.

43.    The RALC concept designs enable an improved, full sized football field to be developed on site 100m x 57m (5,700m2) with new sports amenities building and access roads.

44.    The concept also proposes the relocation of the playground, half-court basketball and perimeter access trails (still within the site) and these items have been included in the concept plan and cost plan.

45.    At this stage rugby league and cricket activities would not be catered for with the proposed development.  However a range of alternative location options have been identified for consideration and are discussed in detail within the attached Todd Park Report.

Traffic Impact Assessment and Parking

46.    Several options for accessing the site from both the north and south were modelled as part of the study. The Traffic Impact Study was submitted to TfNSW for feedback and comment and preliminary advice has been provided to Council by TfNSW which is contained within the attached report.   As advised at the Councillor briefing in April 2021, additional modelling is required with detailed designs to be prepared for TfNSW before any formal review can be undertaken by the department. The extent of this additional work required was outside of the original scope and budget of the site investigation brief.

47.    TfNSW has recommended that additional, SIDRA network modelling together with a detailed report and strategic options assessment is undertaken.  Council Traffic Engineering Officers, following consultation with TfNSW have costed the additional network modelling required to undertake these further investigations at approximately $100,000.

48.    An option was proposed for southbound vehicles to enter Bunyala Street via a new left hand slip lane. The cost of developing detailed designs for formal review by TfNSW is estimated at approximately $50,000.

49.    Council Engineering Officers have estimated the cost of constructing a new left hand slip lane into Bunyala Street to be approximately $400,000. However, until detailed designs are completed and costed the final figure for construction cannot be confirmed.

50.    The peak parking demand for the site has been estimated at 170 vehicles. As the proposed development includes an at ground car park with 230 spaces, the project will have adequate parking facilities for the anticipated number of vehicle/people visits whilst also catering to future demand.

Next steps requiring additional funding

51.    There is additional investigative work and traffic modelling required by TfNSW in order to determine the most optimal option for ingress and egress from the site. This includes the additional modelling, detailed reporting, design development and allocation of construction costs as outlined above. 

52.    Financial modelling and preliminary business case development is the next step in progressing the Todd Park RALC option.  The development of the preliminary business case is estimated to cost approximately $15,000.

53.    Following the preliminary business case, a detailed business case and funding strategy must be prepared to meet the requirements of NSW Treasury and Federal Government grant programs. This is estimated to cost approximately $40,000.

54.    The preparation of detailed architectural designs which requires the involvement of consulting engineers, specialist aquatic facility quantity surveyors and project managers is typically estimated to cost 9% of the project budget or $7-$8 million.

 

 

Financial Implications

55.    There is currently no allocated budget or identified funding source for the additional investigations and financial modelling required as described above.

56.    As discussed throughout 2020 and 2021 and at the recent Councillor Workshop on the Todd Park Site Assessment Preliminary Results in April 2021, in order to fund a capital project with an estimated cost of $75-$110 million, Council would have to explore the following funding options in isolation or in combination.  All options have specific restrictions or limits in funding/approval:

a.      Grant funding

b.      External Loan

c.      Special Rate or Special Rate Variation

d.      Internally or Externally Restricted Reserves

Information relating to these funding options is provided again in the funding options attachment to this report.

57.    $200,000 funding was recently included in the 2021/22 budget for the completion of the same site assessment review at the KWMP site at Carss Park.

Risk Implications

58.    Enterprise risk/s identified and management process applied.

Community Engagement

59.    Community engagement was undertaken during the preparation of the initial Regional Aquatic Leisure Centre Site Suitability and Feasibility Study in 2019-20.

60.    The current technical investigations at the site and the preparation of the technical assessment report did not require community engagement.

File Reference

D21/37819

 

 

 

ATTACHMENTS

Attachment 1

Confidential Attachment - Todd Park Feasibility Funding Source Information (June 2021) (Confidential)

Attachment 2

Todd Park Site Assessment Review June 2021 - Otium Planning Group

 


Georges River Council - Ordinary Meeting - Monday, 26 July 2021

CCL050-21             Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd)

[Appendix 2]           Todd Park Site Assessment Review June 2021 - Otium Planning Group

 

 

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Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

COMMUNITY AND CULTURE

Nil

 

NOTICES OF RESCISSION

Item:          NR001-21           Notice of Rescission - NM046-21 Managing Risks to Community  Safety - Kogarah War Memorial Pool

Councillor:       Councillor Elmir, Councillor Grekas and Councillor Tegg 

 

MOTION:

That the decision in respect of Item No. NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool from the Ordinary Meeting of Council held on 28 June 2021 be rescinded.

The resolution proposed to be rescinded reads as follows:

(a)     Based on the resolution of Council which was adopted on 23 November 2020 (NM082-20) in which part (b) indicated that the demolition of the war memorial pool be postponed until Council has considered the feasibility of both Todd Park and Carss Park sites, as a matter of urgency Council officers convene an extraordinary meeting in order for the officers to provide detailed feasibility study comparisons between the Carss Park Pool site and the Todd Park pool site. These comparisons must include the availability of services, the extent of the contamination on both sites, detailed engineer reports and costings amongst other studies as well as traffic reports.  The actual reports from the engineers, whether they be geotechnical reports, contamination reports or traffic reports on both sites are to be provided to each Councillor for review. 

(b)     That the feasibility studies be done on two options on both sites.

 

 

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

MOTION:

(a)     That in order to progress the planning for a third aquatic facility in Georges River whilst awaiting the preparation of further technical studies, Council authorise the General Manager to establish a Council project team to assist with the progression of the technical studies, project plans and business cases with funding sourced from the Asset Replacement Reserve.

(b)     That Council, after 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;

authorises the General Manager 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, and immediately undertake the preparation of a business case for the construction of the third aquatic facility at the Carss Park (Kogarah War Memorial Pool) site with funding from the Asset Replacement Reserve.

FILE REFERENCE

D21/171583

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

NOTICES OF MOTION

Item:          NM051-21           Support for the Criminalisation of Coercive Control in NSW

Councillor:       Councillor Symington 

 

MOTION:

That Council write to the NSW Premier, the Hon Gladys Berejiklian and the Minister for the Prevention of Domestic and Sexual Violence, the Hon Mark Speakman, to request the NSW Government adopt the 23 recommendations made by the NSW Parliamentary Joint Select Committee on Coercive Control relating to reform and criminalisation of coercive control in domestic relationships and urge the NSW Government to allocate the necessary funds to ensure the successful implementation of the recommendations.

DIRECTOR’S COMMENT

This Motion is consistent with Georges River Council’s Community Strategic Plan 2018-2028 Pillar 5 – A harmonious and proud community with strong social services and infrastructure, Goal 5.5 – The community is safe and healthy.

The NSW Parliamentary Joint Select Committee on Coercive Control (JSCCC) was formed in October 2020, with members hearing evidence and opinion from a range of front-line workers, police, advocates and academics on the complex issues surrounding domestic violence and coercive control.

In a report published in June 2021, the JSCCC recommended the criminalisation of coercive control in NSW and developed 23 recommendations to support systemic reforms in this area. The recommendations relate to improvements in domestic violence laws, public and front-line staff education, increased funding for domestic abuse and housing services, policing, governance and oversight. The report and a detailed discussion of the 23 recommendations are available on the NSW Parliament website.

The NSW Bureau of Crime Statistics and Research reported a rise in domestic violence assault incidents over the last four years and statistics show 423 reported cases of domestic violence in the Georges River local government area over the past year.

Council is committed to advocating for the protection of women from the detrimental effects of domestic violence and for community-wide education on domestic violence and coercive control. Council’s partnerships with key stakeholders saw the development of much needed crisis accommodation in the Georges River area, the production of the Pocket Guide to Relationships, Domestic Abuse and Coercive Control in partnership with the St George Domestic Violence Committee and various community education initiatives including community walk events.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D21/98049

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM052-21           Creation of a Register for Heritage Conservation Management Plans

Councillor:       Councillor Payor 

 

MOTION:

That the General Manager prepare a report to Council on the creation of a register for Heritage Conservation Management Plans within the Georges River Local Government area, including the creation of a comprehensive list of all heritage conservation management plans undertaken for local and State heritage items and the costs associated with the creation and ongoing maintenance of the register. 

DIRECTOR’S COMMENT

Consistent with Goal 1.4 – Local heritage is protected and promoted of Pillar 1 in the Community Strategic Plan 2018-2028.

Register

Heritage NSW maintains a register of declared Aboriginal Places, items listed on the State Heritage Register, items listed in Interim Heritage Orders and items listed with local heritage significance on a local council’s Local Environmental Plan.

The register contains all of the local and State heritage listings within the Georges River LGA. A link to the State register is provided on Council’s website. 

Heritage NSW’s register is updated regularly. Documents can be added to the register including Heritage Conservation Management Plans (CMPs).

Council is to note that copies of relevant documents such as heritage reports are recorded and saved against the relevant development application in Council’s Record Management System.

If this motion is adopted consideration would need to be given to the format of the register, location on Council’s website and the proposed method to provide public access to the information given that the usual copyright restrictions would apply to the CMPs.  

FINANCIAL IMPLICATIONS

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

FILE REFERENCE

D21/145740

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM053-21           Female Leaders Call for Pledge of Respect Ahead of Local Government Elections

Councillor:       Councillor Grekas 

 

MOTION:

a)   That Council join the Australian Local Government Women’s Association (ALGWA) and call on all candidates for the upcoming local government elections, to take the following pledge of respect:

As a candidate I pledge to:

1.      Be respectful to other candidates, Council staff and community members;

2.      Where I observe disrespectful behaviour, I will call it out;

3.      Adhere to Council’s Code of Conduct as a sign of good faith; and

4.      If elected, I will continue to model respect.

b)   That the General Manager distribute the Pledge to all registered candidates and provide an online public register to enable candidates to register their Pledge and enable the community to ascertain which candidates have taken the Pledge of Respect.

 

DIRECTOR’S COMMENT

This motion is consistent with Council’s Code of Conduct, encouraging positive, respectful behaviour from all candidates for the upcoming local government elections and thereafter.

This motion is also consistent with the Australian Local Government Women’s Association’s (ALGWA) position of supporting women’s participation in local government and protecting the interests and rights of women in local government. 

The motion also recognises Local Government NSW’s (LGNSW) Model Code of Conduct which states as a minimum that Council officials are expected to treat others with respect and not harass or discriminate against them, or support others who do so. It also supports LGNSW’s position of driving positive reform in local government to ensure councils can continue to meet the needs of the communities.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation as the online register can be created on Council’s existing webpage for the 2021 election.

FILE REFERENCE

D21/148858

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM054-21           Congratulations to the Kogarah Historical Society

Councillor:       Councillor Katris 

 

MOTION:

That Council congratulate the Kogarah Historical Society for 51 years of dedicated service to the preservation of the local history of the Georges River area and thank the Society for its continuing efforts to preserve and record the history of the region.

 

DIRECTOR’S COMMENT

This motion is consistent with the key objectives of the Libraries 2030, Georges River Library Strategy Action Plan specifically Goal 2.5 Provide opportunities for community members to create and submit content for the collection, Goal 3.10 Develop partnerships with community experts and other organisations to support the delivery of specialised programs and Goal 3.12 Develop and implement a Community Information Literacy Plan to connect our community with accurate and reliable information.

Kogarah Historical Society has studied and promoted the history of Kogarah and the Georges River area since the Society was formed in 1970.

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D21/170367

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM055-21           Merv Lynch (Edgbaston) Reserve - Funding for Playground Works

Councillor:       Councillor Liu 

 

MOTION:

That the General Manager pursue further grant funding opportunities to enable the completion of all works including the new playground, picnic shelters, barbeques and related upgrades at Merv Lynch (Edgbaston) Reserve, Beverly Hills in the 2021/2022 financial year.

 

DIRECTOR’S COMMENT

This motion is consistent with the Community Strategic Plan Pillar 1 – A Protected Environment and Green Open Spaces, Goal 1.3 – Everyone has access to beautiful parks and open spaces and Pillar 3 – Active and Accessible Places and Spaces, Goal 3.4 – Everyone has access to a range of active and passive recreation facilities.

Council’s Open Space, Recreation and Community Facilities Strategy identifies that while playgrounds are evenly distributed across the local government area, the size and quality of playgrounds is varied and do not adequately meet community needs in some locations.

Merv Lynch Reserve is identified as a valuable location for play, learning and community participation, providing a meeting place for groups with shared aspirations towards active and passive lifestyles, and quality urban environments. The planned enhancements include a new inclusive playground to replace the existing facilities, an accessible amenities building including community space which allows smaller community group access for multiple users and permanent use, as well as picnic facilities to enable people of all ages to connect.

Federal Government funding of $450,000 was provided through the Local Roads and Community Infrastructure Grant to construct the all-inclusive amenities block at the Reserve.  Construction works are currently underway with completion due by the end of August 2021, pending any further construction restrictions being imposed.

Council has submitted two applications to the NSW Government for the funding required to construct the inclusive playground and picnic facilities at the Reserve via the Everyone Can Play Grant in 2019/20 and 2020/21. The applications sought $250,000 from the NSW Government, with the remaining $250,000 to be provided by Council through Section 7.11 Development Contributions. On both occasions the funding applications have been unsuccessful. 

FINANCIAL IMPLICATIONS

No budget impact for this recommendation. Capital expenditure associated with the construction of an inclusive playground and picnic facilities is $500,000.   

FILE REFERENCE

D21/171483

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM056-21           Council Advocacy - Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

Councillor:       Councillor Symington 

 

MOTION:

(a)     That Council write to the Federal Member for Banks, Mr David Coleman MP and the State Member for Oatley, Mr Mark Coure MP to request their support in obtaining funding so that the owners of 80 Boronia Parade, Lugarno (Glenlee) can be approached by Council to seek to purchase the site for open space and community purposes.

(b)     That Council write to local residents to provide them with an update on the status of the site.

 

DIRECTOR’S COMMENT

Status of Site

The site known locally as ‘Glenlee’ is not currently available for sale.  To obtain the site for open space or community purposes a compulsory acquisition of the site would need to occur in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 following a review of Council’s strategic need for the land.

 

It should be noted that the Peakhurst Ward has the highest amount of open space per dwelling in the local government area.  As such, at this time there is no strategic justification to acquire the site for open space, as a greater priority currently exists in other Wards as evidenced in the table below.

 

Ward

Blakehurst

Hurstville

Kogarah Bay

Mortdale

Peakhurst

Area of Open Space (ha)

124.93

26.14

57.76

29.99

235.37

Number of Dwellings

9,778

11,819

13,553

10,287

9,355

Open Space per Dwelling (sqm)

127.77

22.12

42.62

29.15

251.60

% of Total Open Space

26.3%

5.5%

12.2%

6.3%

49.6%

 

If a strategic need to acquire the land could be demonstrated, Council would need to resolve to prepare a planning proposal (Draft LEP) for the site and rezone it to RE1 Public Recreation (open space) or similar and list the site on the LEP land acquisition map.

 

It is expected that based on its current residential zoning and the statutory requirement to take into account the site’s development potential, the estimated cost of acquisition (including land value, legal costs, displacement costs, interests in the land and loss of estimated development potential) could exceed $15 million.

 

Having regard to mandated timeframes in the relevant environmental planning and acquisition legislation, the timeframe for preparation, public exhibition and gazettal of an LEP and the subsequent completion of a compulsory acquisition process is approximately 3 years. 

 

On this basis, it would be more efficient for Council to attempt to negotiate a commercial agreement (private treaty purchase agreement) with the owners.

 

 

Status of Development (Subdivision) Application (DA2021/0181)

DA2021/0181 for the torrens title subdivision of one lot into 31 residential lots, demolition works and the construction of new roads, drainage and tree removal at Lot 1 DP 10359 (No. 80) Boronia Parade, Lugarno was lodged with Council on 6 May 2021.

The development application was publicly exhibited between 19 May - 16 June 2021. 

On 12 July 2021 the applicant lodged a Class 1 appeal in the NSW Land and Environment Court against the Georges River Local Planning Panel’s deemed refusal of the application.

FINANCIAL IMPLICATIONS

It is expected that based on its current residential zoning and the statutory requirement to take into account the site’s development potential, the estimated cost of acquisition (including land value, legal costs, displacement costs, interests in the land and loss of estimated development potential) could exceed $15 million.  

 

No funds exist in the Hurstville Section 94 Development Contributions Plan 2012 to acquire land for open space or community purposes.

 

Council could commence a process to purchase the site through a commercial (private treaty) negotiation with the owners if the Australian and/or NSW government provided funding for this purpose.

 

Should the Australian and/or NSW government provide funding to purchase the site, Council officers would approach the owners to ascertain any interest in a private treaty sale of the site to Council.

FILE REFERENCE

D21/159278

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM057-21           Virtual Exhibition for 'Our Journeys I Our Stories'

Councillor:       Councillor Liu 

 

MOTION:

That, should the Hurstville Museum and Gallery exhibition “Our Journeys | Our Stories” not proceed in the 2021-22 financial year due to the ongoing NSW Public Health Order restrictions:

a)      Content from this exhibition be transformed into a virtual exhibition; and

b)      The General Manager prepare a report to Council providing the financial implications and technical requirements for the implementation of a successful virtual exhibition.

 

DIRECTOR’S COMMENT

Georges River Council received grant funding from Create NSW and National Foundation of Australia-China Relations in order to exhibit a high-quality, physical exhibition, “Our Journeys | Our Stories” within the Hurstville Museum and Gallery. The exhibition is due to open on 20 August 2021.

The exhibition documents the story of past and present Chinese settlers through the eyes of six internationally renowned Australian Chinese artists, including new artworks and a collection of rare historical items to take viewers on a journey back to early Chinese migration in Australia.

An online component of the exhibition is currently in development to complement and further support the physical exhibition. This online component will utilise a mobile app and forms part of the approved grant funding to showcase images and oral histories from the exhibition.

Media interest has been received for “Our Journeys | Our Stories” from The Australian, SBS and the ABC, who have requested on-site filming and interviews and this may be impacted if a physical exhibition does not take place.  If further COVID-19 delays and restrictions persist, the exhibition will be postponed until May 2022 to permit a physical exhibition.

In the event that the exhibition is unable to proceed in its physical form in May 2022, Council officers will prepare a report to Council providing the technical requirements and grant and financial implications of converting the physical “Our Journeys | Our Stories” exhibition to a virtual platform.

FINANCIAL IMPLICATIONS

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

$25,000 in grant funding was received from Create NSW for the delivery of “Our Journeys | Our Stories”. A further $23,500 in grant funding was received from the National Foundation of Australia-China Relations for the delivery of exhibition.

FILE REFERENCE

D21/165617

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM058-21           Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill

Councillor:       Councillor Katris 

 

MOTION:

That the General Manager write to the Premier of NSW, the Hon Gladys Berejiklian MP and the Treasurer of NSW, the Hon Dominic Perrottet MP to request that the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 be withdrawn and its consideration be deferred to allow a proper and complete public exhibition process to occur that will enable the community and councils to fully review and assess the proposed financial and administrative implications of the proposed reforms.

 

DIRECTOR’S COMMENT

The NSW Government’s review of the contributions system has included recent system improvements and reforms, with the amendments to the EPA Regulation and new Practice Notes for Planning Agreements and Section 7.12 levies published in February 2021.

The NSW Productivity Commission was also asked to undertake a review of the contributions system and recommend how it could be improved. In November 2020, the Commission’s Final Report on the Review of Infrastructure Contributions in NSW was released.

The Report’s 29 recommendations were accepted by the NSW Government in March 2021. The Department is now in the process of implementing these recommendations. The key reforms are contained within the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill. The Government’s intention is to have a new contributions system in place by 1 July 2022.

The Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (Bill) dated 22 June 2021 proposes the following key amendments:

-        Aligning contributions plans with rezoning - the Minister may issue a Direction to specify when a contributions plan must accompany a planning proposal. This will align the exhibition of draft contributions plans with the exhibition of planning proposals.

-        Land value contribution mechanism - a new framework will allow councils to require all landowners in an identified precinct in an approved contributions plan to contribute towards land required for public purposes. The contribution will be based on a percentage of land area or value and is imposed when land is rezoned. It will be payable when the land is sold or developed. Landowners will be notified of the land value contribution being imposed within a precinct as part of the public exhibition of draft contributions plans and planning proposals.

-        Pooling - encourage councils to forward fund infrastructure through borrowing and pooling funds. Regulations extend recoupment to include interest costs associated with forward-funding infrastructure.

-        Defer payment of contributions to occupation certificate stage – legislation to allow Directions to set the timing of contributions payments would be extended beyond the COVID-19 pandemic period.

-        Section 7.12 - increase the maximum section 7.12 levies, set maximum rates and a broader calculation methodology under the regulation. This will comprise a capped monetary levy based on the number of additional dwellings in a development or gross floor area.

-        Planning agreements consistent with principles-based approach. Planning authorities will be required to publicly exhibit rather than notify draft agreements, and to invite and consider submissions.

-        Regional infrastructure contributions (RICs) will replace current special infrastructure contributions. RICs will be imposed via SEPPs. The contributions may be applied to a region or parts of a region, for infrastructure within the region. A new fund will be established for management of regional contributions, administered by the Secretary of the Treasury.

-        Transport contributions - a transport project component of the RIC will be able to be levied in areas benefitting from investment in transport infrastructure.

-        A strategic biodiversity component of the RIC will be able to be levied in areas with biodiversity certification under the Biodiversity Conservation Act 2016.

-        Digital tools - use of digital tools to make contributions simpler and more transparent. The form and content of plans is to be set by regulations, building on existing ePlanning provisions.

-        Local Strategic Planning (LSPS) frameworks - review timeframes for LSPS will be changed from seven to five years to align with review requirements for State infrastructure strategies.

Key Concerns and Comments on the Bill

In general, the review of the contributions system is supported. However, there are significant concerns in relation to the Bill, particularly the limited exhibition and consultation process undertaken. The key areas of concern are:

1.      Lack of detail in relation to the operational application of the proposed amendments

-        The information contained in the Bill is not sufficient to make a proper and informed assessment of the full operational impact of the Bill, particularly in relation to how, when and where the application of section 7.11 and section 7.12 contributions, the land value contribution and Regional Infrastructure Contributions will apply. Without the full suite of supporting regulations, Ministerial Directions, practice notes and draft supporting legislation, Council cannot assess the impact to its financial and administrative processes.

2.      Financial implications cannot be assessed

-        It is essential that councils are provided with sufficient and detailed information of the changes and provided with adequate time to enable a full financial review of the reforms to the contributions system as well as the rate reforms.

-        The proposed amendments are likely to result in significant changes and reduced contributions income, shifting the burden of providing infrastructure for increased population to existing ratepayers.

-        Additionally, the rates reform, addressed in the Productivity Commission Report, should be uncoupled from the review of development contributions to ensure the cost of providing new facilities to meet the needs of a growing population is not shifted to the existing community (as currently proposed).

 

 

FINANCIAL IMPLICATIONS

No financial/budget impact for this recommendation.

FILE REFERENCE

D21/168361

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM059-21           Proposed Feasibility Study - BMX/Mountain Bike Track in Georges River

Councillor:       Councillor Grekas 

 

MOTION:

That the General Manager prepare a report on the feasibility of constructing a BMX/mountain bike facility within the local government area to provide additional recreational opportunities for the community and to reduce the incidence of unauthorised bike tracks in Oatley Park and other bushland areas. The report should address (amongst other matters):

a)      Preliminary locations suitable for further detailed site assessment;

b)      Council’s management of existing informal tracks;

c)      Criteria for establishing a safe, sustainable recreation facility for a broad range of riders of all ages and abilities;

d)      Estimated design and construction costs; and

e)      Funding options and opportunities.

DIRECTOR’S COMMENT

This motion is consistent with the Community Strategic Plan Pillar 1 – A Protected Environment and Green Open Spaces, Goal 1.3 – Everyone has access to beautiful parks and open spaces and Pillar 3 – Active and Accessible Places and Spaces, Goal 3.4 – Everyone has access to a range of active and passive recreation facilities.

Council’s Open Space, Recreation and Community Facilities Strategy identifies mountain biking as an emerging sport with rising popularity. Council does not currently provide dedicated BMX or mountain bike facilities within the local government area.

Several informal bike tracks and jumps created by the local community in parks and reserves have already been removed as they were considered unsafe and/or causing damage to local bushland.  However, the tracks and jumps continue to be constructed across the city indicating high local demand for recreational and sporting facilities of this type.

Council currently receives a high number of requests for dedicated BMX or mountain bike facilities from residents. This has been routinely identified as a priority during community consultation undertaken as part of the development of Plans of Management and Master Plans at various locations throughout the city.

FINANCIAL IMPLICATIONS

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

FILE REFERENCE

D21/168487

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:          NM060-21           Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River

Councillor:       Councillor Payor 

 

MOTION:

(a)     That Council undertake an Aboriginal Heritage Study and Management Strategy in conjunction with Local Aboriginal Land Councils to support the implementation of Aboriginal heritage legislation in the Georges River Local Government Area;

i.       To assist land owners, applicants and developers to understand their risk of harm, their legislative obligations, and to clarify the level of assessment required with any development application for development or potential disturbance;

ii.      To inform future Local Environmental Plans (LEP) and Development Control Plans (DCP);

iii.     In accordance with Planning Priority 11 of Council’s Local Strategic Planning Statement (LSPS), for Aboriginal and other heritage to be protected and promoted; and

iv.     Subject to the identification of a suitable funding source for preparation of the Study, including appropriate grant programs.

(b)     That the expert witness assessments of the Aboriginal heritage and Aboriginal cultural heritage (for the area identified by the National Trust of Australia (NSW) as the Lugarno Early Settler Landscape at 80 Boronia Parade, Lugarno) undertaken for the Class 1 appeal proceedings in the NSW Land and Environment Court be utilised to inform the Aboriginal Heritage Study and Management Strategy.

(c)     That following completion of the relevant heritage assessments (above) Council consider the inclusion of the area identified by the National Trust of Australia (NSW) as the Lugarno Early Settler Landscape at 80 Boronia Parade, Lugarno in the Schedule of Heritage Items in the Georges River Local Environmental Plan.

 

DIRECTOR’S COMMENT

Councils play a key role in implementing Aboriginal heritage management procedures as a consent authority, land owner and as a land manager. In order for Council to meet its Aboriginal heritage protection obligations more effectively, detailed research is required to update Aboriginal heritage records and distil existing requirements into a locally-tailored suite of management processes.

Currently, Council has no publicly available mapping which assists applicants to determine whether they need to consider any Aboriginal heritage impacts of their development. A requirement for an Aboriginal Heritage Impact Assessment is only identified by staff once a DA is lodged with Council. This creates unnecessary delays in development assessment and is a source of frustration for applicants who are required to provide additional documentation causing cost and time delays. Furthermore, consideration of Aboriginal Heritage impacts at the development lodgement stage is not best as mitigation of impacts should be considered at the design inception stage.

 

 

FINANCIAL IMPLICATIONS

Additional non-budgeted funds of $150,000 will be required to prepare an Aboriginal Heritage Study and Management Strategy for the Georges River LGA.

There are no funds currently allocated within the 2021/2022 Consultancies and Professional Services Budget cost centre to fund the preparation of an Aboriginal Heritage Study and Management Strategy.

The estimated costs to Council of the Class 1 Land and Environment Court proceedings for the 80 Boronia Parade site is $200,000 - $250,000. 

FILE REFERENCE

D21/168695

 

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

QUESTIONS WITH NOTICE

Item:                   QWN030-21       Introduction of Countback Elections for Casual Vacancies in Georges River Local Government Area 

Author:              Councillor Tegg

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

Can the General Manager confirm what is required to allow Georges River Council the ability to fill any casual vacancy by way of a countback election instead of a by-election, if the casual vacancy occurs within 18 months after the date of an ordinary election?

OFFICER RESPONSE

Changes were made to the Local Government (General) Regulation 2005 (‘Regulations’) in September 2020, allowing NSW councils to fill casual vacancies in civic office that arise in the first 18 months following an ordinary local government election by a countback election.

This change saves ratepayers the cost of holding a by-election (usually costed at approximately $250,000). However, a possible disadvantage is that no new candidates can stand for election to Council and the vacancy can only be filled by a candidate who stood for election at the previous ordinary election.

In addition, all NSW councils retain the option of applying to the Minister for Local Government to dispense with a by-election if a casual vacancy arises in the last 18 months of a council’s term.

To exercise the option of filling casual vacancies in the first 18 months using a countback election, councils must resolve at their first meeting following the ordinary election to fill vacancies using countback elections.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   QWN031-21       Georges River Council - Community Outcomes 2017 to 2021 

Author:              Councillor Tegg

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

In response to questions I have received from members of the community, could the General Manager please provide the following information, including the amount spent on all capital items, during this term of Council, based on the relevant Annual Reports for that period:

·        The length of roads that have been re-sheeted

·        The length of footpaths built or repaired

·        The number of playgrounds upgraded or installed

·        The number of trees and shrubs planted or given away

·        The number of community facilities upgraded or built

·        The number of sporting facilities upgraded or installed

In addition, could you please also provide the following information for this term of Council:

·        The changes to street sweeping and shopping centre cleansing schedules

·        The total dollar value of savings achieved.

OFFICER RESPONSE

A response is provided in the table below.

Project Description

2017/18

2018/19

2019/20

2020/21

TOTAL
From 2017 to 2021

Footpath construction and renewal

Expenditure

$1.1m 

 $2.0m

 $1.7m

 $0.5m

 $ 5.3m

 

Total Length, km

     3.7

         8.5

     10

  2.4

 24.6

Kerb and gutter renewals

Expenditure

$0.4m

 $0.5m

 $0.6m

 $0.5m

 $2.0m

Total Length, km

2.7

    1.4

1.4

  2.1

7.6

Road Resheeting Program

Expenditure

$4.6m

 $3.2m

 $3.9m

 $4.7m

 $16.5m

 

Total Length, km

 7.3

     8.2

 12

  16

   43.5

 

Total Area, m2

  70,441

65,558

  120,657

165,998

    422,654

Stormwater drainage - new and upgrades

Expenditure

$0.2m

 $1.5m 

 $1.1m 

 $0.5m

 $3.3m

 

Number of projects

10

29

19

13

            71

Traffic facilities - new and upgrades

Expenditure

$0.9m

 $0.4m

 $0.6m

 $0.7m

 $2.6m

 

Number of projects

13

8

12

10

 43

Town Centre and Public Domain Upgrades

Expenditure

$3.5m 

 $4.8m 

 $1.2m

 $2.7m

 $12.3m

Major stormwater drainage upgrades

Expenditure

$0.9m

 $1.5m

 $0.9m

 $0

 $3.3m

Playgrounds upgraded or new installations

Expenditure

$3.2m

$0.5m

$5.0m

 $0

$8.7m 

 

Number of Projects

 

 

 

 

23

Sporting infrastructure upgrades

Expenditure

$0.3m

$0.7m

$9.0m

$2.2m

$12.2m

 

Number of Projects

 

 

 

 

14

 

Environment/Open Space Projects/Studies

Expenditure

$5.2m

$0.5m

$3.4m

$4.1m

$13.2m

 

Number of projects

 

 

 

 

19

Number of trees planted or given away

Number of trees

3,650

3,814

(new measures created 2019/20 and 2020/21)

7,467

 

Number of trees planted (excludes national tree day give away and other community planting)

Number of trees

(not measured until 2019/20)

961

(new measure created 2020/21)

961

Number of street trees planted

Number of trees

(not measured until 2020/21)

327

327

Community facilities upgraded or built

Expenditure

$0.3m

$15.3m

$7.2m

$0.9m

$23.7m

 

Number of projects

 

 

 

 

15

Sporting amenities buildings upgraded or installed

Expenditure

$11.4m

$17.3m

$34m 

 $62.7m

 

Number of projects

 

 

 

 

20

Total capital expenditure

 

$36m

$70.3m

$56.3m

$36m

$198.6m

Changes to Town Centre Cleansing Program

In 2020, the Town Centre Cleansing Program was implemented to include a change in operational hours of Council’s Service Delivery teams and the creation of a newly established Deep Cleansing Team, responsible for routine high pressure washing and footpath scrubbing. This program includes two designated employees in both Hurstville and Kogarah, as well as increased frequency by Service Delivery teams providing a cleansing services three times daily.

The Deep Cleansing team routinely services the Hurstville CBD and Kogarah CBD on alternate days.  Deep cleansing services to other town centres, including Mortdale, Beverley Hills, Kingsgrove, Lugarno, Chivers Hill, Oatley, Narwee, Penshurst, Riverwood and Ormond Parade are provided on a two-weekly cycle.  A further seventeen shopping districts within the local government area are serviced on a five-weekly cycle.

Street sweeping is currently operating on a three-weekly cycle, with identified ‘hot spots’ being serviced on a more frequent basis.  Prior to amalgamation the street sweeping cycle was programmed as three to five weeks in both former Councils.  Council has also recently introduced technology that is anticipated to deliver further service efficiencies.

To improve cleanliness standards in line with community expectations Council has introduced a bi-annual ‘Deep Clean’ for Hurstville CBD and Kogarah CBD.  As a result of the Program an annual operating cost saving of $350,000 was achieved.

 

Total dollar value of savings achieved during Council’s term

2016/17

2017/18

2018/19

2019/20

2020/21

$8.6m 

$6.5m 

$6.0m  

$8.5m

$9m

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   QWN032-21       Proposed Funding Strategy for a Georges River Regional Aquatic Facility 

Author:              Councillor Elmir

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

Council has received several reports and Councillors have attended numerous workshops on possible funding strategies for a new regional aquatic facility in Georges River.

Can the General Manager please advise Council on the various reports that have been presented since 2019 and whether any new funding sources have been identified?

OFFICER RESPONSE

In 2019, Council adopted the Georges River Open Space, Recreation and Community Facilities Strategy 2019-2036.

The Open Space, Recreation and Community Facilities Strategy provides high-level direction for the provision of community centres, libraries, open space, sport and recreation facilities, athletics and aquatic facilities in the Georges River local government area.

The Strategy adopted included the following recommendation in relation to an aquatic facility:

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

Since 2019, 5 reports and 4 briefings have been provided to Council on the progression of implementing the Open Space, Recreation and Community Facilities Strategy action of a third aquatic facility for the Georges River Council Local Government Area.

In addition, more than 10 Motions and Questions With Notice have been debated during this timeframe.

The construction of a third aquatic facility must comply with Council’s statutory obligations in the construction of a large capital project. In summary, the Guidelines state that before a council undertakes a capital expenditure project in excess of $10 million, a preliminary business case must be prepared to determine whether the proposal is necessary, consistent with Council’s community strategic plan, delivery program and operational plans, offers value for money and that the council has the capacity to deliver and maintain their current and future community services in the long term.

The business case will need to determine the funding source for the estimated project costs and ongoing maintenance costs. A recent report provided to Council in February 2021 outlined the funding options available for an aquatic facility.

As previously advised, in order to fund a capital project with an estimated cost of $75-$110 million, Council would have to explore the following funding options in isolation or in combination. All options have specific restrictions or limits in funding/approval:

·        Grant funding

·        External Loan

·        Special Rate or Special Rate Variation

·        Internally or Externally Restricted Reserves

Grant Funding

If grant funding is sought, funding is normally required to be matched on a 50/50 basis by Council. Should the funding be provided by NSW Treasury, the project may be subject to an Infrastructure NSW Investor Assurance gateway review and potentially a Design for Excellence Process.

If funding is to be sought under a Grant Program, an expression of interest (EOI) must first be lodged.

If an EOI is successful, the applicant will be requested to formally submit a detailed application (project plan, budget and business case), based on the known scope of the project.

At the business case stage, evidence of an approved or lodged Development Application is required to demonstrate the readiness of the project.

External Loan

The NSW Government provides loans to Local Government via TCORP. The loans must be for a minimum of 3 years and maximum of 20 years, solely for infrastructure and can be a fixed amortising loan with annual, semi or quarter instalments.

Based on current rates, TCORP advised the following indicative amortising loan options:

Term (years)

Indicative Rate

Amount

Annual Repayment

Total Interest

Total Principal and Interest

20

2.4%

$75,000,000

$4,743,750

$18,375,000

$94,875,000

20

2.4%

$110,000,000

$6,957,535

$26,950,000

$139,150,700

In order for a council to be approved for a TCORP loan, it must meet the following criteria:

·        It cannot have greater than 30% of its investment portfolio in BBB or unrated investments

·        It must meet the OLG Financial Ratios (operating ratio).

Special Rate Variation

A special rate is in addition to the normal ordinary rate charged on a ratepayer’s annual notice. Special rates are a means to clearly outline a specific rate for a specific project.

The special rate scenarios outlined below would need to be in addition to any SRV put in place by Council to improve its long-term financial sustainability and avoid service reductions.

Loan Term

Amount

Total Principal and Interest

Annual Special Rate per ratepayer

Annual operating and renewal expense per ratepayer

Total Annual cost per ratepayer

Total special rate paid per ratepayer after 20 year loan period

20 years

$75,000,000

$94,875,000

$86

$42

$128

$2,560

20 years

$110,000,000

$139,150,700

$127

$49

$176

$3,520

For each residential ratepayer, a special rate for a regional aquatic centre would have to be levied at between $86 - $127 every year for 20 years.  This amount excludes the additional operating and renewal cost to ratepayers of $24 - $49 every year.  A separate application for an SRV to IPART would be required in addition to any existing or proposed SRV for Georges River.

Internal or Externally Restricted Reserves

The monies held in each internally reserve is ‘restricted’ for a particular purpose. This action by Council is essential to meet operating requirements and future commitments. Any reductions in the balance of these cash funds can prevent the effective functioning of Council operations and services and/or the delivery of the original intent of those reserves.

Without prior Ministerial approval, it would be a contravention of the Act to abandon the original intent of the reserve restrictions and borrow to fund another project or program.

The adopted 2021/22 Revised Budget forecasts the 30 June 2022 projected closing total balance to be $124 million, which is a reduction of $20 million from the prior year. 

In the current financial environment of Council, cash is depleting rather than increasing.

Recent Aquatic Facility Construction in Sydney

An examination of recent aquatic facility projects in Sydney has revealed that construction costs have ranged from $44.7 million (Inner West), $55 million (Hills Shire), $57.6 million (Camden -Oran Park), $88.6 million (Parramatta) to $106 million (City of Sydney). 

The Parramatta pool provides an excellent cost comparison with the construction of a 50m outdoor pool and 25m indoor pool with associated gym and parking facilities for $88.6 million (uncontaminated site).

Viable Funding Strategy

Council has recently resolved not to dispose of any of its surplus properties. 

Council also resolved at its meeting on 28 June 2021 not to continue negotiations on the unsolicited proposal to construct, at no cost to Council, a new aquatic facility at the Kogarah War Memorial Pool site at Carss Park.

Therefore, the only viable funding strategy currently available to Council is to attempt to obtain a loan from TCORP and fund the repayments through the imposition of a new Special Rate Variation (SRV) on all residential ratepayers for 20 years.

Whilst Council does not currently qualify for a TCORP loan it may be possible in the future to obtain a loan if Council could demonstrate a guaranteed repayment schedule based on a new annual SRV rate income.

As detailed above, the new SRV required to be imposed on each residential property would be at a minimum $128 per year for 20 years (for a clean, uncontaminated site) and up to $176 per year for 20 years should Council determine to construct the third RALC on a contaminated site.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

Item:                   QWN033-21       Lighting of Parks and Sporting Fields During the COVID-19 Pandemic 

Author:              Councillor Katris

Directorate:      Office of the General Manager

Matter Type:    Questions with Notice

 

 

COUNCILLOR QUESTION

Can the General Manager please advise whether consideration has been given to the lighting of recreational parks and sporting fields across the local government area from 5.00pm to 8.00pm on a daily basis, to facilitate outdoor exercise during the NSW Public Health Order restrictions in response to the COVID-19 Pandemic?

OFFICER RESPONSE

The St George Police Local Area Command (LAC) has recommended that Council does not take any action that will encourage residents to leave their homes while the current NSW Public Health Order and the resulting restrictions are in place that require residents to stay at home. 

Football St George has also formally requested that sport field flood lighting remain off, at this time, to assist in enforcing the NSW Public Health Order with local teams and players across the local government area.

Currently, Council has turned off all sporting field flood lighting to encourage residents to limit their movements in the community and adhere to the restriction imposed by the current NSW Public Health Order in order to eliminate the spread of the virulent Delta variant of COVID-19.  In addition, Council is reliant on the LAC to monitor and enforce any breaches of the NSW Public Health Order, which would be in addition to their current COVID-19 enforcement commitments.

Council’s current position is consistent with the approach taken by neighbouring Councils, including Bayside Council, City of Canterbury-Bankstown and Sutherland Shire Council.  Some metropolitan councils are currently turning sporting field flood lighting on at selected locations.  At the time of writing, those local government areas were experiencing lower comparable COVID-19 infection rates in comparison with Georges River.

As Public Health Orders (PHOs) in Greater Sydney have restricted the mobility of many people, government and non-governmental organisations have both strongly encouraged people to remain physically active while maintaining physical distancing. The World Health Organisation, the Department of Health (Australian Government) and the Australia Heart Foundation represent a sample of organisations that have emphasised the importance of remaining physically active to promote physical and mental wellbeing and reduce social isolation amongst people affected by PHOs.

The Department of Health (Australian Government) has published a number of recommended activities that people under PHOs can undertake regularly at home in order to maintain appropriate physical distancing. Council will promote these resources to the Georges River community through the online “Stay Home | Stay Active” campaign.

 

 

FINANCIAL IMPLICATIONS

Additional non-budgeted funds of $1,700 per day would be required to fund the flood lighting at 10 sport fields between the hours of 5.00pm and 8.00pm (as these costs cannot be passed on to the sporting clubs as per the usual practice).  The total estimated cost for a two-week period is $24,000.

 

 

RECOMMENDATION:

That the information be received and noted.

 

 

  


Georges River Council – Ordinary Meeting -  Monday, 26 July 2021                                                                                   Page 0

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.

 

CCL049A-21     Property Matter - Edgbaston Road, Beverly Hills

(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.