Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

 

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

 

7th August, 2007

 

 

WORKS COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A WORKS COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 14TH AUGUST, 2007 AT 6:00 P.M.

 

 

Committee Members:           The Mayor, Cr P. Tracey, Crs Andrews, Belleli (Chairperson), Hughes (Deputy Chairperson), Matson, Notley-Smith, Seng & White.

 

Quorum:                           Five (5) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 28TH SEPTEMBER, 2004, THE COUNCIL RESOLVED THAT THE WORKS COMMITTEE BE CONSTITUTED AS A COMMITTEE WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

 

1           Apologies/Granting of leave of absences

 

2           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE WORKS COMMITTEE MEETING HELD ON TUESDAY, 10TH JULY, 2007.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addressing to Committee by Members of the Public

 

5           Urgent Business

 

6           Works

 

6.1                      

DIRECTOR, CITY SERVICES' REPORT 47/2007 - INVESTIGATION PROCEDURE - ABANDONED VEHICLES.

2

6.2                      

DIRECTOR, CITY SERVICES' REPORT 48/2007 - CONSTRUCTION AND RENOVATION OF DUNNINGHAM RESERVE AMENITIES BLOCK.

6

6.3                      

DIRECTOR, CITY SERVICES' REPORT 49/2007 - YARRA OVAL, YARRA BAY REMEDIATION.

8

 

7           Confidential Items (Closed Session)

 

8           Notices of Rescission Motions

 

 

 

……………………………….

GENERAL MANAGER


Director, City Services' Report

47/2007

 

 

 

 

SUBJECT:

INVESTIGATION PROCEDURE - ABANDONED VEHICLES

 

DATE:

2 August, 2007

FILE NO:

F2004/07361

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

INTRODUCTION:

 

Council is the responsible authority for enacting the provisions of the Impounding Act, 1993 (the Act). The provisions of the Act provide for the impounding of certain animals, motor vehicles and other things; to provide for their release or disposal; to provide for related matter; and to repeal the Impounding Act 1898 and certain other enactments.

 

BACKGROUND:

 

Purpose/Objectives:

 

     The intention of this procedure is to investigate and make a determination as to whether a vehicle has been left abandoned in a public place

     To remove and impound vehicles determined to be abandoned

     To investigate and identify possible stolen vehicles

     To increase the availability of parking spaces within the Randwick City LGA

     To identify and investigate vehicles posing an obstruction to traffic and pedestrians

     To release to public auction vehicles not claimed by the owner  

 

Council’s delegated officers utilise the provisions of Section 16 of the Act when investigating a report of a possible abandoned vehicle.

 

The Objects of this Act are:

 

(a)    to empower authorised persons to impound and deal with animals and articles in public places and places owned or under the control of certain public authorities if, in the case of animals, they are unattended or trespassing or, in the case of articles, they have been abandoned or left unattended; and

 

(b)    to empower occupiers of private land to impound and deal with animals trespassing on their land; and

(c)    to provide for the release of impounded animals and articles that are claimed by their owners; and

 

(d)    to provide for the disposal of impounded animals and articles that are not claimed by their owners and, if they are disposed of by sale, to provide for the disposal of the proceeds of sale.

 

Definitions

 

Expressions used in this Act (or in a particular provision of this Act) which are defined in the dictionary at the end of the Act have the meanings set out in the dictionary. Please note, there is no definition of the word “abandoned” in the Act. The meaning and definition is that found within common usage of the word eg as described in the Australian Oxford dictionary: Abandon - 1.forsake, deserted.

 

ISSUES:

 

Vehicles under investigation must be located on public land.  Council is not authorised to remove vehicles from private property. 

 

The registration status of a vehicle is not indicative that an owner has abandoned a motor vehicle. Vehicle registration is not a consideration within the provisions of the Act. History indicates that an unregistered vehicle can be owned (and frequently is owned) and, conversely, a registered vehicle may be abandoned. 

 

The issue of an unregistered vehicle on a public road is a regulatory one to be enforced by New South Wales Police officers. Council’s officers are not authorised to enforce traffic offences. It is a traffic offence to “use an unregistered motor vehicle on a road/road related area” and “use uninsured motor vehicle”.

 

In the year ending 2007, Council received approximately 1,100 requests to initiate investigations into potentially abandoned vehicles within the City.  The majority of investigations result in the vehicle being claimed by the owner or information being received on behalf of the owner that the vehicle is not abandoned.

 

Most investigations are commenced as a result of a customer request to Council’s Call Centre, a direct request from NSW Police or written correspondence made to the General Manager. Most requests refer to the expiration of the vehicle registration and/or that a vehicle has not moved within what the customer considers a lengthy period of time.

 

Council’s Ranger Services Section has a duty of care and responsibility to respond to all customer concerns and requests regarding a possibly abandoned vehicle. Section 19 of the Act requires Council to notify the Local Police Area Command of an Impounding Act investigation.  This transfer of information notifies Police of stolen vehicles within the City. 

 

In the case of a stolen vehicle being located, Council ceases its investigation and the Police notify the owner that the vehicle has been located. The owner or relevant insurance body is responsible for the recovery and/or removal of a stolen vehicle.

 

Section 16 (1) of the Act requires Council to make all reasonable inquiries to find out the name and address of the owner of an investigated vehicle before the vehicle can be impounded.  Council utilises authorised access to the Road and Traffic Authority (RTA) database to gain this information. 

 

An investigation under the Impounding Act commences by an authorised Impounding Officer sighting the vehicle to be investigated and placing a sticker on the front windscreen of the vehicle.  The vehicle, with the applied sticker, is photographed in the sighted location. 

 

The intention of the sticker is to alert the vehicle owner that the vehicle is the subject of a Council investigation. Using information provided by the RTA, a notice is also sent to the last known registered owner at the address provided on the RTA database.

 

If, as a result of sighting the sticker and/or receiving the notice, the owner contacts Council, or a person advises Council on behalf of the owner that the vehicle is not abandoned, Council cannot determine that the vehicle is abandoned and is therefore unable to proceed with the removal of the vehicle. 

 

There may be other regulatory concerns relating to the vehicle that Council has authority to enforce – eg, parking offences. A parking penalty notice cannot be issued to a vehicle without registration plates and/or expired registration.

 

An investigated vehicle must be left in-situ for a prescribed period of time.  A vehicle without identification – eg, registration plate/s or registration label - must remain in-situ for 72 hours before it can be removed to Council’s pound.  A vehicle with identification - eg registration plate/s or registration label - must be left in-situ for seven (7) days from the date of the notice being posted to the last known registered owner. 

 

With consideration to interstate registered vehicles, there is no specifically prescribed timeframe. However, Council acknowledges postal delivery variances and does not remove an interstate vehicle with identification in less than 14 days.

 

If no contact or notification from the owner has been received within the prescribed timeframes, an authorised Impounding Officer may impound the vehicle. It is at this time that the Impounding Officer has determined that the investigated vehicle has been abandoned or left unattended. It is also at this time that a penalty infringement notice is issued for the offence of “Abandon a motor vehicle in a public place” - $220 - section 32  (1) of the Act. 

 

An impounded vehicle must be transported to Council’s pound. Council’s official pound is located at 20 Woorang Street, Milperra. Only vehicles valued at $500 or more are transferred to the pound. In the 2006-07 financial year Council requested approximately 90 vehicles be delivered to Council’s pound. Vehicles with an estimated value of less than $500 may be destroyed immediately upon impounding. 

 

A vehicle delivered to Council’s pound is held for 28 days. If during this impounding period the vehicle is claimed by the owner then the vehicle may be released to the owner or another authorised person on behalf of the owner. Section 23 (b) of the Act allows for Council to claim impounding, holding and towing fees before the vehicle will be released. 

 

Impounded vehicles that are not released to the owner must be offered for sale by means of public auction. Net proceeds from the sale of an impounded vehicle may be paid to the person who is the owner of the vehicle at any time within 12 months after the sale of the vehicle. If no application to recover the net proceeds is made within that 12-month period, the money then becomes the property of Council.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome  6:              A liveable City.

Direction 6c:             The safety of our community is paramount and is acknowledged and supported through proactive policies, programmes and strategies. 

Key Action:                Develop and implement effective regulatory environmental, public health and safety services and programmes to maximise public safety and anti-social behaviour of buildings and spaces.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

RECOMMENDATIONS:

 

That the report is received and noted.

 

ATTACHMENTS:

 

Nil

 

 

 

……………………………

………………………………

MARK SHAW

JANINE BOURKE

A/ DIRECTOR, CITY SERVICES

COORDINATOR – RANGER services


 

Director, City Services' Report 48/2007

 

 

SUBJECT:

CONSTRUCTION AND RENOVATION OF DUNNINGHAM RESERVE AMENITIES BLOCK

 

 

DATE:

2 August, 2007

FILE NO:

F2006/00445

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

 

INTRODUCTION:

 

The Contractor that had tendered to construct both Grant Reserve and Dunningham Reserve Amenities Buildings withdrew from the construction of Dunningham Reserve Amenities Building. A contributing factor to the reneging is due to substantial changes to the design of the Dunningham Reserve Amenities Building caused by the collapse of the materials supplier.

 

The Contractor recently completed Grant Reserve Amenities Building fulfilling that part of the contract.

 

BACKGROUND:

 

The Architectural Consultants had specified a particular recycled plastic material for a significant portion of the Dunningham Reserve Amenities Building.  The supplier of this product subsequently went out of production and with no replacement available a redesign of the building needed to be undertaken.  This design has not affected the look or usability of the building.

 

FINANCIAL IMPACT STATEMENT:

 

It is proposed to use the $340,000 carried over from the 2006/2007 financial year and a further $340,000 from revenue to fund this construction.

 

CONCLUSION:

 

The new drawings and specifications for the Dunningham Reserve Amenities Building will be ready for tender in September 2007.  It is proposed to tender these works with the intent to start construction in March 2008 to minimise disruption during the Summer period.

 

There is currently $340,000 in the budget carried over from 2006/2007 financial year.  The estimated cost for the construction of the amenities building, based on previously tendered prices, is $680,000.

 

It is proposed to use $340,000 from Council reserve to fund this construction.

 

RECOMMENDATION:

 

That:

 

(a)    Council tender the construction of the new amenities building at Dunningham Reserve, and

 

(b)    the construction is funded by $340,000 carried over from the 2006/07 budget and $340,000 from Council reserve.

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

MARK SHAW

PAUL LUNNISS

A/ DIRECTOR, CITY SERVICES

PROJECT MANAGER

 

 

 

 

 

 


 

Director, City Services' Report 49/2007

 

 

 

SUBJECT:

YARRA OVAL, YARRA BAY REMEDIATION

 

 

DATE:

2 August, 2007

FILE NO:

F2005/00886

 

 

REPORT BY:               DIRECTOR, CITY SERVICES   

 

 

INTRODUCTION:

 

Works have recently been undertaken to remove large weeds at Yarra Oval, Yarra Bay. During the work, the grounds were found to be contaminated. Further tests showed the existence of household waste buried below the surface. It is proposes to remediate this park at this time to reduce the long-term cost.

 

BACKGROUND:

 

Council has recently taken over the maintenance of Yarra Oval from the La Perouse United Junior Rugby League Football Club.  As part of the maintenance of this area the removal of large weeds located on the lower tier and along the batter extending from the upper to the lower tier (has been undertaken). The removal of the weeds was necessary to produce a tidy landscape and reduce the amount of rubbish dumping at the oval. 

 

ISSUES:

 

During the weeding works on the lower section of Yarra Over, it was discovered that contaminants existed in the soil profile. Council immediately carried out further geotechnical tests to determine the extent of the contamination. Initial tests showed the following results:

 

     The limit of waste or waste footprint appears to extend throughout the entire site occupying both the lower northern and upper southern (existing playing field) areas;

     The types of waste encountered consist of putrescible household waste. The majority of the putrescible waste appears to be located within the lower field and extends through the lower depths of the upper playing field;

     The lower field has minimal or no cover soils above the waste; and

     The upper field has a significant cover of soil above the domestic waste although there is some construction waste in the fill above the domestic waste in the upper field.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 6:          A Liveable City.

Direction 6a.         Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Key Action:          Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

FINANCIAL IMPACT STATEMENT:

 

The cost of remediation of the lower tier and batter is estimated to be $650,000. It is proposed to fund the project through funds from the domestic waste reserve.

 

CONCLUSION:

 

Due to initial contamination confirming the extent of the domestic waste contamination, staff shall project manage the remediation of Yarra Oval.  The works shall commence with the remediation of the lower tier and the batter extending from the upper to the lower tier. The remediation shall include the installation of a geosynthetic clay liner (GCL) to act as a barrier between the contamination and finished surface, import and spreading of virgin top soil (to eliminate any risk of importing contaminated soil), laying of new turf, an automatic irrigation system for the establishment and maintenance of a healthy turfed surface and a new perimeter fence to stop dumping of all rubbish. As the putrescible waste is currently capped on the upper field, it is proposed to cap the work on the lower field at this time.

 

The remediation will noticeably beautify Yarra Oval and adjoining properties and open space parks such as Yarra Bay Bicentennial Park

 

RECOMMENDATION:

 

That the contaminated areas of Yarra Oval be remediated to open space standard using funds from the domestic waste reserve.

 

ATTACHMENT/S:

 

1.  Aerial Photo of Yarra Oval showing area to be remediated.

 

 

 

 

………………………………

………………………………

MARK SHAW

GEORGE BOUNASSIF

A/ DIRECTOR, CITY SERVICES

PROJECT MANAGER


Attachment 1:   Aerial Photo of Yarra Oval showing area to be remediated.