BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

Meeting

 

 

 

Tuesday 16 October 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Randwick City Council		1300 722 542
30 Frances Street			council@randwick.nsw.gov.au
Randwick NSW 2031		www.randwick.nsw.gov.au
 



Ordinary Council                                                                                                       16 October 2018

 

 

 

 

 

 

 

 

 

 


Ordinary Council

 

Notice is hereby given that an Ordinary Council meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street Randwick  on Tuesday, 16 October 2018 at 6:00pm

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of Randwick and Australia. Amen”

Acknowledgement of Country

I would like to acknowledge that we are meeting on the land of the Bidjigal and the Gadigal peoples who occupied the Sydney Coast, being the traditional owners.  On behalf of Randwick City Council, I acknowledge and pay my respects to the Elders past and present, and to Aboriginal people in attendance today.

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council - 25 September 2018

Extraordinary Council - 26 September 2018

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 69 of Council’s Code of Meeting Practice.

Audio/video recording of meetings prohibited without permission;

A person may be expelled from a meeting for using, or having used, an audio/video recorder without the express authority of the Council.

Mayoral Minutes

Mayoral Minutes, if any, will be distributed on the night of the meeting.

Urgent Business

General Manager's Report

GM24/18   2017-18 Disclosure of Interests Returns.................................................. 1

Director City Planning Reports

CP52/18    Process for the continuation of the Environmental Levy.............................. 3

CP53/18    Report for Variation to Developmnet Standard under SEPP No.1 and Clause 4.6 - 21 August - 3 October 2018 .................................................................................... 7

Director City Services Reports

CS49/18    Tree Removal - Outside 16 Harbourne Road, Kingsford............................. 11

CS50/18    Consideration of Alcohol Restrictions in Munda Street Reserve.................... 23

Director Corporate Services Reports

CO55/18    Renewal of Community Partnership Agreement with Westpac Helicopter Rescue Service     37

CO56/18    Committee Elections........................................................................... 39

CO57/18    Monthly Financial Report as at 30 September 2018................................... 49

CO58/18    Investment Report - September 2018.................................................... 59

CO59/18    Delegations of Authority...................................................................... 69

CO60/18    Contingency Fund - status as at 30 September 2018................................ 73

Petitions

Motion Pursuant to Notice

NM75/18   Notice of Motion from Cr Luxford - Proposed Multicultural Advisory Festival.. 77

NM76/18   Notice of Motion from Cr Veitch - Review of Sydney Football Stadium Development   79

NM77/18   Notice of Motion from Cr Matson - Council response to the proposed expanded roll out of small cell mobile phone towers across our local government area....................... 81

NM78/18   Notice of Motion from Cr Stavrinos - Heritage Significance -  Anzac     Parade Corridor      83

NM79/18   Notice of Motion from Cr Veitch - Demolition Work – Eurimbla Ave,     Botany and Magill Streets Randwick............................................................................... 85

NM80/18   Notice of Motion from Cr Veitch - CSELR Construction work in the      vicinity of Doncaster Ave, Randwick......................................................................................... 87   

Notice of Rescission Motion

NR6/18     Notice of Rescission Motion submitted by Crs Andrews, Stavrinos,        Seng - Mayoral Minute - Seeking Council support to participate in ClimateWatch (a citizen science project) with the not-for-profit    Earthwatch Institute........................................................... 89  

 

 

 

 

 

…………………………………………………….

Jorde Frangoples

Acting General Manager

 


Ordinary Council                                                                                                      16 October 2018

 

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General Manager's Report No. GM24/18

 

Subject:             2017-18 Disclosure of Interests Returns

Folder No:                   F2018/00361

 

Author:                        Julie Hartshorn, Senior Administrative Coordinator

 

Introduction

 

The Local Government Act requires Councillors and designated staff to lodge Disclosure of Interest Returns in accordance with Section 449 of the Local Government Act.  Section 450(A) of the Act requires the General Manager to keep a Register of Returns and to table Returns at the first Council meeting after the last date for lodgement (30 September 2018).

 

Issues

 

In tabling the Register of Returns for 2017-18, I report that all Councillors and designated staff have submitted their duly completed returns within the prescribed timeframe.

 

Anyone is entitled to inspect the ‘Returns of the Interests of Councillors, designated persons and delegates’ under Government Information (Public Access) Act 2009.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:               Leadership in sustainability.

Direction 1c:      Continuous improvement in service delivery based on accountability, transparency and good governance.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

It is necessary for the Disclosure of Interests Returns (for the period 1 July 2017 to 30 June 2018) to be tabled at this Council Meeting for the purpose of legislative compliance.

 

Recommendation

 

That it be noted that the Register of Disclosure of Interests Returns for 2017-18 has been tabled at the Ordinary Council Meeting of 16 October 2018.

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                                      16 October 2018

 

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Director City Planning Report No. CP52/18

 

Subject:             Process for the continuation of the Environmental Levy

Folder No:                   F2007/00367

 

Author:                        Cherie Muir, Coordinator Integrated Planning

 

Introduction

 

The Environmental levy has funded our ‘Sustaining our City’ program for the past 15 years.  The program delivers innovative and award winning sustainability outcomes for Randwick City.

 

The final year of the current approval will end on 30 June 2019.  

 

If the Council wishes to continue the program with its current funding model, the Council will soon need to engage with the community to inform and gauge sentiment in regard to the levy and the associated special variation approval process in order to retain the levy from 1 July 2019.

 

Background

 

Historically the Council has taken a deliberate approach to the levy, revisiting the program and engaging with the community every five years since 2004.  

 

The past three five-year applications for the levy occurred in 2004, 2009 and 2014. The levy is applied on a temporary basis requiring an IPART approval for each new application 

 

Achievements

 

Randwick Council is recognised for its environmental and sustainability leadership.   The validity of the solutions and outcomes funded by the levy have been consistently acknowledged with multiple award wins across local, state, national and international spheres.

 

Over the past 15 years, the levy has produced significant reductions in the Council’s own consumption of natural resources, delivered upgraded and new infrastructure, and implemented major stormwater harvesting projects that have saved millions of litres of water and almost $1M each year in water charges.

 

Notable achievements of the ‘Sustaining our City’ program are summarised in the table below:

 

Program area

High level achievement/benefit

Coastal protection

  10-12km construction and upgrade of the coastal walkway –about a third of the entire walkway.

  Gross Pollutant Traps for stormwater run-off, diverting tonnes of street litter from entering our beaches.

  Around 20,000 residents engaged in our Marine and Coastal education programs, including the recent “Switch your Thinking on Plastics” community education program.

Conserving resources

  Council has significantly increased its use of recycled water by capturing, treating and re-using stormwater and in conjunction with the use of bore water, represents water savings of over 400 million litres across Randwick City each year.

  Conduct regular energy audits and follow up with our top 4 energy consuming sites.

Tackling Greenhouse

  200 kilowatts of solar panels and a small-scale wind turbine installed over a dozen buildings.

  Contribute to the construction of cycle ways and walk ways and a small fleet of hybrid vehicles and electric bikes.

Biodiversity

  Green Corridor Project, supporting schools and the community with native planting and community gardening.

  First council to establish an apiary trail for native and honey bees.

  Monitoring of flora and fauna within our critical habitats.

Community Engagement

  Over 15,000 residents and students participate in our annual sustainability courses and workshops, provided across a wide range of subjects including; saving energy, composting, organic gardening, bee keeping, bike maintenance, living smart, etc.

  Flagship annual environmental events:   Eco Living Fair, Earth Hour and Best Gift Christmas campaign.

 

Special variation process

 

The special variation framework provides a mechanism for councils to obtain rate increases over that of the rate-peg in collaboration with the community, underpinned by its Integrated Planning and Reporting suite of plans.  

 

Applications are prepared in accordance with the Office of Local Government (OLG) Guidelines before being lodged with The Independent Pricing & Regulatory Tribunal (IPART) for further community input and final assessment.

 

The IPART timeline for special variations stipulates council’s planning to submit applications for the 2019-20 year must lodge their intention to apply by 30 November 2018, with completed applications due by 11 February 2019.   It is important to note that a council is not bound by its ‘intention to apply’ for a special variation.

 

Impact on the ratepayer

 

Retaining the Environmental Levy in 2019-20 would have a neutral impact on ratepayers.  Should the levy be continued, the average ratepayer would pay $0.25 per day.

 

Community engagement

 

Community discussion is a necessary ingredient of the special variation process as per the OLG Guidelines and the IPART’s assessment process.

 

The Council’s commitment to community participation in regard to the levy, is reiterated in the 2018-19 Operational Plan, adopted 26 June 2018, with the following 1-Year Action:  “undertake consultation to gauge community support for a continuation of the Environmental Levy”. 

 

Should the Council wish to explore the future of the levy and commits to the ensuing conversation with the community, a comprehensive community engagement program would be developed in keeping with the OLG Guidelines.   Residents, ratepayers and stakeholders would be given the opportunity to clearly understand the impact of continuing or discontinuing the levy.   The plan will provide for a range of paper-based and electronic options designed to capture feedback and provide results for the Councillors consideration in making a decision about whether to submit a special variation application to the IPART in February 2019.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:               Leadership in Sustainability.

Direction 1a:             Council has a long term vision based on sustainability.

Outcome 3:               An informed and engaged community.

Direction 3(c):   The community has increased opportunities to participate in the decision making process.

 

Financial impact statement

 

The environmental levy is projected to raise $4,384,415 in the 2018-19 year to implement the ‘Sustaining our City’ program. This report seeks to continue the Environmental Levy.

 

Conclusion

 

The current environment levy approval will expire at the end of 2018-19 if not replaced.

 

The office of Local Government together with the IPART set down a clear process and timeline for councils and communities to discuss the merits of and need for special variation increases.  

 

This process includes clear submission deadlines and requires significant community participation and awareness.

 

Recommendation

 

That Council:

 

a)     endorse the commencement of community engagement activities aimed to inform and gauge support for an ongoing Environmental levy;

 

b)     endorse the lodgement of Randwick City Council’s non-binding intention to apply for a special variation from 2019-20 with the IPART on or before the 30 November 2018 deadline.

 

Attachment/s:

 

Nil

 


Ordinary Council                                                                                                       16 October 2018

 

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Director City Planning Report No. CP53/18

 

Subject:             Report for Variation to Developmnet Standard under SEPP No.1 and Clause 4.6 - 21 August - 3 October 2018

Folder No:                   F2008/00122

 

Author:                        Terry Papaioannou, Environmental Planner Officer (Technical & Research)

 

Introduction

 

The NSW Department of Planning (DOP) released a Planning Circular in November 2008 advising Councils to adopt additional procedures in relation to the administration of variations to development Standard. The additional measures are largely in response to the ICAC inquiry into Wollongong City Council. Those additional measures are:

 

1)     Establishment of a register of development applications determined with variations in standards under State Environmental Planning Policy No. 1 (SEPP1) and Clause 4.6;

 

2)     Requirement for all development applications where there has been a variation greater than 10% in standards under SEPP1 and Clause 4.6 to be determined by full council (rather than the general manager or nominated staff member);

 

3)     Providing a report to Council on the development applications determined where there had been a variation in standards under SEPP1 and Clause 4.6;

 

4)     Making the register of development applications determined with variations in standards under SEPP1 and Clause 4.6 available to the public on council’s website.

 

This report is in response to point 3) above. A table is attached to this report detailing all Clause 4.6 exceptions approved in the period between 21 August 2018 and 03 October 2018.

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b: New and existing development is managed by a robust framework

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The NSW Department of Planning (DOP) released a Planning Circular in 2008 advising of additional requirements Councils are required to adopt in relation to SEPP1 objections and Clause 4.6 exceptions. This report is in response to one of those requirements.

 

 

Recommendation

 

That the report be received and noted.

 

 

Attachment/s:

 

1.

SEPP 1 and Clause 4.6 Register from 20 August 2018 to 03 October 2018

 

 

 

 


SEPP 1 and Clause 4.6 Register from 20 August 2018 to 03 October 2018

Attachment 1

 

 

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Ordinary Council                                                                                                       16 October 2018

 

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Director City Services Report No. CS49/18

 

Subject:             Tree Removal - Outside 16 Harbourne Road, Kingsford

Folder No:                   F2018/07359

 

Author:                   Bryan Bourke, Co-ordinator Tree Management Services     

 

Introduction

 

The managing agents for the residential property at 16 Harbourne Road, Kingsford, have advised Council that fig tree roots from the large Council owned Ficus ‘Hillii’ (Hill’s Weeping fig) located on the nature strip outside the front of that property are causing structural damage to the front brick fence and the veranda of the building.

 

They requested that the matter be investigated and advised that they were considering seeking compensation from Council for the costs of repairing any damage to the property.

 

Issues

 

This fig tree has caused ongoing damage to Council infrastructure for well over a decade. The footpath adjacent to the tree has been removed on three occasions and large fig tree roots were severed where possible. Because of the size and spread of these tree roots into the surrounding area, root pruning has only been relatively minor and the footpath has only ever been able to be replaced with asphalt rather than concrete. The last time this was undertaken was in late January 2018 in response to the request from the property managers.

 

There has been a history of sewer blockages at this property caused by the roots of this tree. The latest incident was a toilet blockage and removal of fig tree roots from sewer pipes on 28 February 2018.

 

An on-site inspection undertaken by Council’s Coordinator Tree Management Services in February 2018, indicated that large roots from the Council fig tree had yet again caused damage to the footpath adjacent to the property and that roots had seriously undermined and damaged the front rendered fence. There was visible evidence that large tree roots had damaged the front veranda of the property as well as then travelling down the side of the property past the corner edge of the building. There was a crack in the front brick fence of the property at 18 Harbourne Road, Kingsford, which appears to have been caused by roots from the same tree.

 

When the footpath was removed in January 2018, excavation and trenching revealed large fig tree roots entering the property and Council’s Tree Gang arborists advised that none of these roots could be severed as this would adversely impact on the health and long-term viability of the tree as well as compromising its stability. Subsequent to that inspection Council’s Coordinator Tree Management Services requested the property manager to arrange for all tree roots inside the property to be exposed so that the extent and severity of any tree root intrusion/damage could be assessed. A series of photographs clearly showing the extent of fig tree root intrusion and damage was provided to Council on 19 March 2018 and these are contained as an attachment to this report.

 

There is currently a public liability claim lodged against Council for the cost to repair identified damage to property at 16 Harbourne Road caused by this Hill’s Weeping Fig tree roots.  It should be noted that in other instances where our insurer has paid a claim related to tree root damage following establishment of suitable grounds for payment, our insurers have advised that they will no longer indemnify Council against further property damage resulting from the same tree.

 

Viability of Root Pruning

It is stipulated in Australian Standard AS 4970 – 2009 – Protection of trees on development sites that wherever any proposed tree root cutting is greater than 10% of the Tree Protection Zone (TPZ) or is inside the Structural Root Zone (SRZ), it must be demonstrated that the tree will remain healthy and viable should any required root cutting take place.

 

The radius of the Tree Protection Zone is calculated by multiplying a tree’s diameter at breast height (DBH) x 12 where DBH is measured at 1.4 metres above ground. In this particular case, the radius of the TPZ would extend 20m from the trunk of the tree.

 

In relation to the SRZ of a tree, a general rule is that no root cutting works can be undertaken within the following recommended radial distances from any Council owned tree on public land.

 

Trunk Diameter (D)

SRZ

Up to 0.15m

1.5

0.15 to 0.3m

2.0

0.3m to 0.5m

2.5

0.5m to 0.8m

3.0

0.8m to 1.2m

3.5

1.2m to 1.6m

4.0

 

In this particular case, pruning of roots at the property boundary would constitute an incursion into the Tree Protection Zone of 80% which is significantly higher than the recommended 10% that is allowed by the Australian Standard. Similarly, this would constitute root pruning at the extent of the measured Structural Root Zone. On this basis, it is considered that severing any of the roots entering the property is not a viable option.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  A Healthy Environment.

Direction:  Environmental risks and impacts are strategically managed.

 

Financial impact statement

 

The cost to remove and stump grind this Council street tree asset and to replace it with two super-advanced Waterhousia floribunda (Weeping Lilly Pillys) on the nature strip outside 16-18 Harbourne Road, Kingsford, is estimated at $6,000. The funding is available in the current operational budget.

 

Conclusion

 

There have been ongoing and increasingly serious problems associated with this tree for over a decade and Council has taken whatever steps it could to retain this significant public tree asset. The footpath outside the property has been removed on three occasions and as many fig tree roots as possible were severed and the footpath reinstated in asphalt. However, the range of problems associated with the roots of this tree have increased to the extent that there is visual evidence that roots are now causing serious structural damage to the residential building.

 

Large tree roots have also lifted and extensively damaged the front entranceway into the property. There are signs of bark exfoliating around the base of the tree as well as basal hollows that indicate the tree is suffering from fungal attack.

 

The root system is extensive and travels 15-20 metres across the nature strip outside the property. The extent that roots are protruding above the ground indicates that the tree is growing on top of a shallow rock shelf.

 

The subject tree is one of five mature Hill’s Weeping figs located along the northern section of Harbourne Road which are estimated to be approximately sixty years old. It has been assessed as having high scenic and amenity value and provides habitat and food source for a variety of fauna. Because of the ongoing and increasing damage being caused by its roots, the impact of removal on land degradation would be negligible. Using Australian Standard ASDR99307 it has been calculated that the tree has an amenity value of $10,800. Because of the size of the roots entering and damaging the adjacent property and their incursion into both the tree protection zone and critical root zone area, any further root pruning is no longer a viable option. The loss of visual amenity the removal of this tree would create would be mitigated to some degree by the fact that there are two mature Hill’s figs located on the opposite side of the road.

 

Council has resolved that where Ficus ‘Hillii’ constitute the predominant species in any street and where those trees have recognised historic and heritage significance, no more than five (5) percent of vegetative canopy cover is to be removed in any one calendar year. The proposed removal of this street tree asset would not contravene that resolution and removal is only being recommended because there are no viable management options available that would deal with the damage being caused by the roots of this tree.

 

When the tree was inspected by tree management staff on 26 April 2018, no nests or hollows were found and there were no signs of birds or fauna inhabiting the tree. The habitation of birdlife and other fauna within Council tree assets is a primary consideration of tree management staff whenever trees are inspected for pruning or removal works. In addition, it is a requirement for all tree trimming contractors to inspect trees for fauna/wildlife habitation prior to any tree works being undertaken on Council trees. This on-site inspection forms part of the site specific risk assessment all tree contractors undertake prior to works being undertaken and if any wildlife is encountered they ensure they contact WIRES to have any such fauna removed and relocated.

 

Recommendation

 

That the Council owned Ficus ‘Hillii’ (Hill’s Weeping fig) growing outside 16 Harbourne Road, Kingsford, be removed and replaced with two advanced Waterhousia floribunda (Weeping Lilly Pillys).

 

Attachment/s:

 

1.

Investigation Photographs

 

 

 

 


Investigation Photographs

Attachment 1

 

 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                                       16 October 2018

 

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Director City Services Report No. CS50/18

 

Subject:             Consideration of Alcohol Restrictions in Munda Street Reserve

Folder No:                   F2005/00873

 

Author:                        Joe Ingegneri, Acting Director City Services; Kerry Colquhoun, Acting Manager Technical Services

 

Introduction

 

At the Ordinary Council meeting, it was resolved:

 

(Matson/Andrews) that Council consults residents in Dooligah Avenue, Randwick and brings back a report on the need and effectiveness of introducing restricted alcohol consumption in the Munda Street Reserve including around the Randwick Environment Centre.

 

Munda Street Reserve is located on the eastern side of Munda Street and south of Dooligah Avenue. The Randwick Community Centre is located within the Reserve and the Randwick Environment Park is located adjacent to the east.

 

Since mid-2017, a number of local residents, mostly from Dooligah Avenue have raised their concerns about anti-social behaviour in Munda Street Reserve. Specifically, these complaints have focused on the barbeque area adjacent and to the north of the Randwick Community Centre. The complaints received describe the drinking of alcohol and litter left in the area, generally in the evening.

 

The barbeque area is mostly used for children’s birthday parties during daylight hours.

 

Issues

 

Community Consultation

In response to the above resolution, community consultation has been undertaken to better understand anti-social issues including alcohol consumption in the area. We also used the consultation to help determine whether alcohol restrictions would be an effective solution.

 

The consultation was undertaken as a postal survey to all owners and tenants in the surrounding streets, including:

 

·         Hendy Avenue

·         Gumara Street

·         Bundock Street

·         Marida Street

·         Dooligah Avenue

·         Burragulung Street 

 

A total of 54 surveys were issued and 11 completed surveys were received.  This represents a response rate of 20%. Specific responses to the survey are provided in Attachment 1.

A total of ten respondents advised that they have witnessed anti-social behaviour in the Reserve. The type of undesirable or anti-social behaviours witnessed most often were drinking, vandalism and littering.

 

The survey indicates that the majority of respondents witness anti-social behaviour on a weekly basis. This behaviour is witnessed late at night with no anti-social behaviour being witnessed during the day.

 

When asked how the behaviour affected the residents, the main responses were around feeling anxious using the park in the late afternoon and night due to low light levels or lack of lighting that restricts visibility. One respondent advised that there was drug dealing and prostitution in the area all year.

 

The survey also asked residents what should be done about the concerns at the Reserve.   The responses were varied and included:

 

·         No additional public toilets

·         Remove the BBQ area

·         Regular patrols of the area by security when its dark

·         Ban alcohol and effective patrolling

·         Issue of fines for littering

·         Introduction of security cameras (CCTV)

·         Closer liaison with the police

·         Increased lighting

·         Fine notices installed

 

The final question was a request for general comments on the Reserve. The responses were mixed with some positive comments on the Reserve and facilities and others stating that the area is poorly maintained.  There were further comments related to anti-social behaviour and one comment stated that this anti-social behaviour also occurs in nearby streets.  There were also issues raised about parking in the streets.

 

The responses also claimed that the Police do not respond to the incidents raised with them.

 

Police Liaison

In early September 2018, to ascertain the experience of the local Maroubra police, the Community Liaison Officer from Maroubra Police was contacted to discuss the concerns about anti–social behaviour in and around Munda Street Reserve and how the situation may be improved.

 

The Maroubra Police advised they have not been called out to the area on matters related to alcohol. The only Police activity in the area has been to address some break and enters and one case of indecent exposure to a child which was not able to be followed up. Many issues raised in the survey and reports of anti-social behaviour are unknown to the Maroubra Police. They did however, agree that the area surrounding the barbeque and the angle parking on Dooligah Street could be conducive to underage drinking and/or illicit drug taking due to the lack of passing traffic and an absence of a line of sight to the barbeque surrounds.

 

Some pragmatic suggestions from the police included installing a sensor light at the barbeque area to reduce the likelihood of underage drinking. They suggested we could install CCTV and CCTV signage from the direction of the pre-existing system at the Randwick Community Centre. They also suggested lighting amendments to the Dooligah Street parking area and tree pruning to minimise obstruction and possible addition of two more street lights and/or globe enhancements.

 

 

Assessment and Discussion

Currently, the drinking of alcohol is not restricted in Munda Street Reserve and in the adjacent Randwick Environment Park.

 

In the City of Randwick, most local parks do not have alcohol restrictions. Alcohol restrictions do apply to all playgrounds, sportsgrounds and to some coastal reserves.

 

In respect to the enforcement of alcohol restrictions, enforcement is the sole responsibility of the NSW Police. Incidences of excessive drinking and anti-social behaviour should be reported to the Police. When Council Rangers observe alcohol related incidents and anti-social behaviour, they report these behaviours to the Police.

 

In the case of Munda Street Reserve, it is apparent that there is potential for a range of inappropriate behaviours including underage drinking and alcohol related incidents due to the isolation of the area.

 

In response to the community concerns raised relating to alcohol and littering in Munda Street Reserve, Council has increased ranger patrols of the park and has installed a litter bin in the barbeque area.

 

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, programs and strategies.

 

Financial impact statement

 

There is no financial impact at this stage as a specific project has not been defined.

 

Conclusion

 

Nearby residents of Munda Street Reserve have been surveyed to gauge feedback about drinking and anti-social behaviour.  The feedback indicates that this type of behaviour is occurring at the barbeque area in the Reserve, late at night and on a weekly basis.

 

Consideration has been given to the implementation of restrictions on the consumption of alcohol to address the anti-social behaviour.  Other suggested measures to address the anti-social behaviour include the installation of lighting, security patrols and closer liaison with the Police including future installation of CCTV.

 

To address this behaviour in the short term, it is recommended that Munda Street Reserve be designated as an Alcohol Prohibited Zone. Council should continue to monitor the reserve and work with the local Police to determine the effectiveness of this regulation.  If the problems continue, Council should undertake to implement other suggested measures in consultation with the Police.

 

Recommendation

 

That:

 

a)   Munda Street Reserve be designated as an Alcohol Prohibited Zone.

 

b)   Council communicates with the nearby residents of Munda Street Reserve to advise that they need to report drunkenness and anti-social behaviour to Maroubra Police when it occurs.

 

c)   If the issues at the barbeque area near the Community Centre continue, that Council considers the extension of CCTV and installation of lighting in consultation with the Police.

 

Attachment/s:

 

1.

Community Consultation Report – Munda Street Reserve

 

 

 

 


Community Consultation Report – Munda Street Reserve

Attachment 1

 

 

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Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO55/18

 

Subject:             Renewal of Community Partnership Agreement with Westpac Helicopter Rescue Service

Folder No:                   F2009/00266

 

Author:                        David Kelly, Manager Administrative Services

                                      

Introduction

 

At its ordinary meeting held 22nd September, 2015 it was resolved:-

 

“that Council enters into a Memorandum of Understanding, containing the initiatives outlined in this report, with the Westpac Life Saver Rescue Helicopter Service for the next three years at a cost of $15,000.00 per annum plus GST, with provision to be made in Council’s annual budget moving forward.”

 

As the agreement commenced in October 2015, this agreement is due to expire in October 2018 and Council has again been approached by the Westpac Life Saver Rescue Helicopter Service to enter into another community partnership agreement at a slightly increased cost to Council.

 

Issues

 

Council’s Manager Administrative Services and Manager Communications met with representatives from the Westpac Life Saver Rescue Helicopter Service to discuss a number of potential new initiatives to further strengthen this community partnership for the benefit of both organisations. A summary of the potential initiatives under the proposed agreement include the following:-

 

·         Re-launching the partnership in the media with a greater emphasis on the benefits of the partnership, including our organisations working together to increase water safety awareness, address the dangers of rock fishing in a collaborative and proactive way and promoting how well our organisations work together to conduct water rescues in the Randwick City area;

·         Increasing the profile of our community events, such as the Coogee Carols, by having the Westpac Life Saver Rescue Helicopter Service deliver Santa via a helicopter or fire engine;

·         Greater utilisation of social media to inform the community about what both organisations are doing; and

·         Council’s logo will remain on the helicopter in a more visible location under the new partnership agreement.

·         WLSRH provision of archives for the La Perouse museum showcasing the history of the service.

·         Collaboration on the future development of WLSRH community initiatives including safety equipment dispensaries to make access to life saving devices available 24 hours a day in the Randwick and surrounding precincts.

·         The Westpac Life Saver Helicopter Service shall provide five (5) places to Randwick City Council Lifeguards (or any other employees as required) to attend fully accredited HUET (Helicopter Underwater Escape Training) course(s), annually.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2c:      Strong partnerships between the Council, community groups and government agencies.

 

Financial impact statement

 

The cost to Council will be $20,000.00 per annum plus GST for three years. This amount will be funded from the Contingency Fund 2018-19 to 2020-2021.

 

Conclusion

 

The Westpac Life Saver Rescue Helicopter service provides a very valuable service to Randwick’s residents and visitors and it is proposed that Randwick continues with this valuable community partnership which will incorporate a number of new initiatives as outlined in this report.

 

Recommendation

 

That Council enters into a Memorandum of Understanding, containing the initiatives outlined in this report, with the Westpac Life Saver Rescue Helicopter Service for the next three years at a cost of $20,000.00 per annum plus GST, with provision to be made in Council’s annual budget moving forward.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO56/18

 

Subject:             Committee Elections

Folder No:                   F2005/00775

 

Author:                        Julie Hartshorn, Senior Administrative Coordinator

 

Introduction

 

The purpose of this report is to appointment Councillors to the various advisory and external committees.

 

Issues

 

The appointment or election of members to Committees must be for a specified term, which obviously cannot exceed the term of the Council. Accordingly, the Council can elect or appoint members to its Committees for any period of time (in the past the Council practice has been to elect committee representatives for a 12 month period from September to September).

 

The powers, duties and functions of all former Committees are subject to determination by the Council.  The Council may determine that the Committees, their duties, composition and quorums remain the same (or otherwise).

 

The former Committees, appointed in September 2017, their duties, composition, quorums and membership details are attached to this report, in the following categories:

 

(i)    Special Committees – committees of the Council that meet on an ad hoc basis.

 

(ii)   Advisory Committees – created to perform a specific function, often with

       outside representation.

 

On 27 March 2018, Council resolved as follows:

 

“(Andrews/Stavrinos) that Council discontinue the various Committee meetings currently held on the second Tuesday of each month, with all Committee matters now going to the ordinary Council meeting, and update the Council’s Code of Meeting Practice to reflect this change.”

 

On the basis of the above resolution, the Civic Affairs Committee has been removed from the list of committees circulated at the 26 September Extraordinary Council meeting.

 

In addition, the Randwick City Night Life Economy Advisory Committee has been added to the list. This is a new Advisory Committee established following a resolution of Council on 27 February 2018.

 

(iii)    Councillor Representation on Outside Organisations/Committees – bodies to which the Council is entitled to elect or appoint Councillor representatives.

 


 

Conclusion

 

It is necessary for the Council, at this meeting, to appointment delegates/members of advisory committees and to external bodies.

 

Recommendation

 

That Council:

 

a)     determine the Committees and their duties, functions, quorums and delegated authorities in accordance with the attachment to this report.

 

b)     determine the term for the appointment to Committees.

 

c)     proceed to elect, appoint or nominate delegates to Advisory Committees and external bodies.

 

Attachment/s:

 

1.

Committee Duties composition etc - 2017-18

 

2.

Committee Membership September 2017-18

 

 

 

 


Committee Duties composition etc - 2017-18

Attachment 1

 

 

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Committee Membership September 2017-18

Attachment 2

 

 

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Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO57/18

 

Subject:             Monthly Financial Report as at 30 September 2018

Folder No:                   F2018/00380

 

Author:                   Oliver Guo, Coordinator Financial Planning and Analysis     

 

Introduction

 

Section 202 of Local Government (General) Regulation 2005 requires that the responsible accounting officer of a council must:

 

a)     establish and maintain a system of budgetary control that will enable the Council’s actual income and expenditure to be monitored each month and to be compared with the estimate of the council’s income and expenditure, and

 

b)     if any instance arises where the actual income or expenditure of the Council is materially different from its estimated income or expenditure, report the instance to the next meeting of the council.

 

Issues

 

This report provides the financial results of the Council as at 30 September 2018. Attachment 1 summarises the Council’s financial performance and its source and application of funds. It also summarises the operating result for each of the Council’s principal activities. Attachment 2 details the financial position of the Council as at 30 September 2018. Attachment 3 details the cash flow of the Council as at 30 September 2018.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:     Leadership in Sustainability.

Direction 1b:    Council is a leader in the delivery of social, financial and operational      activities.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Council’s Director Corporate Services, as the Responsible Accounting Officer, advises that the projected financial position is satisfactory.  The Current Ratio as at 30 September 2018 is 1.98 compared to 2.12 as at 30 June 2018. The Current Ratio is a financial indicator specific to local government and represents its ability to meet its debts and obligations as they fall due.

 

 

 

 

Recommendation

 

That Council acknowledges that the Responsible Accounting Officer has advised that the projected financial position of Council is satisfactory.

 

 

Attachment/s:

 

1.

Monthly Financial Statements -Income Statement - September 2018

 

2.

Monthly Financial Statements -Balance Sheet - September 2018

 

3.

Monthly Financial Statements -Cashflow Statement - September 2018

 

 

 

 


Monthly Financial Statements -Income Statement - September 2018

Attachment 1

 

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Monthly Financial Statements -Balance Sheet - September 2018

Attachment 2

 

 

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Monthly Financial Statements -Cashflow Statement - September 2018

Attachment 3

 

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Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO58/18

 

Subject:             Investment Report - September 2018

Folder No:                   F2015/06527

 

Author:                        Gail  Johnston, Financial Operations Accountant

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and the Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s Investment Policy.

 

The table in this report titled “Investment Register – September 2018” outlines the investment portfolio held by Council as at the end of September 2018. All investments have been made in accordance with the Act, Regulations and Council’s Investment Policy.

 

Investment Commentary

 

As at 30 September 2018, Council held investments with a market value of $80.307 million. The portfolio value decreased during September by ~$1.384 million. The decrease is representative of a negative cash flow for the month reflecting the net effect of revenue receipts (rates, grants & miscellaneous) offset by capital works expenditure and other operational payments.

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipts of the Financial Assistance Grants.

 

The following graph illustrates the movement in the investment portfolio from September 2017 to September 2018. Peaks are representative of the rates instalment periods.

 

 

Council’s Portfolio & Compliance     

 

Asset Allocation

 

The majority of the portfolio is spread between term deposits (51.05%) and senior floating rate notes (40.66%). The remainder of the portfolio is held in the overnight cash accounts with CBA (8.29%). The FRN’s add additional liquidity and are generally accessible within 2-3 business days.

 

 


 

Term to Maturity

 

The portfolio remains diversified from a maturity perspective with a spread of maturities out to 5 years. Medium-term (2-5 years) assets account for around 29% of the total investment portfolio.

 

All minimum and maximum limits comply with Council’s investment policy:

 

Compliant

Horizon

Invested
$

Invested
%

Min Limit
%

Max Limit
%

0-90 days

$20,658,090.00

25.72%

10%

100%

91-365 days

$24,004,668.00

29.89%

20%

100%

1-2 years

$12,533,316.00

15.61%

0%

70%

2-5 years

$23,110,901.00

28.78%

0%

50%

5-10 years

$0.00

0.00%

0%

25%

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of the Council’s portfolio. Independent advice is sought on new investment opportunities.

 

Credit Quality

On 22 May 2017, S&P Global Ratings downgraded the long term credit ratings of 23 financial institutions operating in Australia due to the build-up of economic imbalances. These rating downgrades have resulted in Council’s portfolio having exposure to BBB investments which it would not have otherwise invested in.

 

The downgrades did not include the big four domestic banks (ANZ, CBA, NAB and Westpac) as well as Macquarie Bank as they were deemed “too big to fail” and would receive government support in the event of a crisis.  Their longer term credit ratings do however remain on “Negative Outlook”.

 

At the time of the downgrade, Council held the following investments:

Institution

Downgraded Rating

Exposure as at 22 May 2017

Bank of Queensland

BBB+

$9,500,000.00

Bendigo Adelaide Bank

BBB+

$7,500,000.00

Rural Bank

BBB+

$2,000,000.00

 

This exposure has been reduced by $17.0 million since the downgrade. The $2 million BOQ FRN is the only remaining BBB rated investment. Sell opportunities for this FRN are assessed when funds are required or when new product offerings come to market that represent an appropriate addition to the portfolio.

 

Council’s current allocation is as follows:

Compliant

Credit Rating

Invested ($)

Invested (%)

Max. Limit (%)

Available ($)

AA Category

$49,750,713.00

61.95%

100%

$30,556,262.00

A Category

$28,551,074.00

35.55%

75%

$31,679,158.00

X

BBB Category

$2,005,188.00

2.50%

0%

-$2,005,188.00

Unrated ADIs

$0.00

0.00%

 

 

 Under the Financial Claims Scheme (FCS), the first $250,000 is guaranteed by the Federal Government (rated AAA by S&P), per investor, per ADI

 

Counterparty

 

The table below shows the individual counterparty exposures against Council’s current investment policy (based on long term S&P ratings). The overweight position with BOQ results from the credit ratings downgrades and will be addressed when an opportunity arises.

 

Compliant

 

Issuer

Rating

Invested ($)

Invested (%)

Max. Limit (%)

Available ($)

ANZ

AA-

$1,519,203

1.89%

30%

$22,572,889

CBA

AA-

$19,165,489

23.87%

30%

$4,926,603

NAB

AA-

$15,006,484

18.69%

30%

$9,085,608

Westpac

AA-

$14,059,537

17.51%

30%

$10,032,555

Rabobank

A+

$1,018,181

1.27%

15%

$11,027,865

Suncorp

A+

$11,023,208

13.73%

15%

$1,022,838

AMP Bank

A

$8,999,450

11.21%

15%

$3,046,596

ING Bank

A

$6,000,000

7.47%

15%

$6,046,046

Macquarie Bank

A

$1,510,235

1.88%

15%

$10,535,812

X

BoQ

BBB+

$2,005,188

2.50%

0%

-$2,005,188

 

Performance

The following graph shows the investment returns achieved against the AusBond Bank Bill Index and the official Reserve Bank of Australia (RBA) cash interest rate for the period September 2015 to September 2018.

 

 

The total portfolio (T/D’s and FRNs) provided a solid return of +0.23% (actual), outperforming the benchmark AusBond Bank Index return by +0.08% (actual). The outperformance continues to be driven by a combination of deposits that were originally invested longer than 6 months, as well as the higher yielding FRNs locked in at attractive margins and sold prior to maturity, realising small capital gains and boosting returns. The FRN portfolio (on an accrual basis) has now started to outperform the deposit portfolio, as evidenced by the returns over the past 12 months.

 

Over the past year, the combined deposit and FRN portfolio returned +2.73% p.a., outperforming bank bills by 0.86% p.a. The overall return remains solid given deposit rates reached their all-time lows in August 2016 after the RBA’s last interest rate cut. The official Reserve Bank of Australia (RBA) cash interest rate remains at the historical low of 1.50%.

 

Performance

1 month

3 months

6 months

FYTD

1 year

Official Cash Rate

0.12%

0.38%

0.75%

0.38%

1.50%

AusBond Bank Bill Index

0.16%

0.52%

1.01%

0.52%

1.87%

Council’s T/D Portfolio

0.23%

0.67%

1.32%

0.67%

2.61%

Council’s FRN Portfolio

0.25%

0.74%

1.48%

0.74%

2.85%

Council’s Portfolio^

0.23%

0.70%

1.39%

0.70%

2.73%

Outperformance

0.08%

0.19%

0.40%

0.19%

0.86%

^Total portfolio performance excludes Council's cash account holdings. Overall returns would be lower if cash was included

 

Term Deposits

At month end, term deposits accounted for 51.05% of the total investment portfolio.

Four deposits totalling $7 million matured and were withdrawn in September. Five new term deposits were taken up during September totalling $7.0 million. As at the end of September, the weighted average deposit yield stood at 2.68%, down 1 basis points (bp) from the previous month.

 

Floating Rate Notes (FRNs)

The portfolio includes $32.648 million in floating rate notes.

During the month, Council sold out of two floating rate notes. AMP (A) $750 thousand FRN maturing 11/06/2019 was sold for a trading margin of +66bp or a capital price of $100.338. The sale realised a capital gain of $2,535.00.  Proceeds from the sale were switched into the newly issued 3 year AMP (A) FRN at +108bp, resulting in an overall pick-up in yield of +42bp.  Suncorp (A+) $3 million FRN maturing 23/04/2019 was sold for a trading margin of 53bp or a capital price of 100.355. The sale realised a capital gain of $10,650.00. Proceeds from the sale were switched into the newly issued 5 year NAB (AA-) FRN at 93bp, resulting in an overall pick-up of +40bp.

Floating Rate Notes are classified as “held for trading” requiring that they are reported at the latest indicative market valuations at month end. The indicative market value of the FRN’s as at the 30 September 2018 decreased by ~$46k.

 

Ministerial Investment Order

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. A revised Investment Order was issued on the 12 January 2011 and includes changes that:

·         Remove the ability to invest in the mortgage of land;

·         Remove the ability to make a deposit with Local Government Financial Services Pty Ltd;

·         And includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority to invest funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Investment Register

The investment register is maintained with details of each individual investment including; financial institution; amount invested; date invested; maturity date and the applicable interest rate.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in Sustainability.

Direction:  Long term financial viability is achieved

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Funds are invested with the aim of achieving budgeted income in the 2018-19 financial year and outperforming the AusBond Bank Bill Index over a 12 month period. The budget provision for investment income from this source is $1,200,934.00. Investment income to 30 September 2018 amounted to $506,889.71.

 

Conclusion

 

All investments as at 30 September 2018 have been made in accordance with the Local Government Act, the regulations and Council’s Investment Policy.

 

Recommendation

 

That the Investment Report for September 2018 be received and noted.

 

Attachment/s:

 

1.

Certificate by Responsible Accounting Officer - September 2018

 

 

 

 


Certificate by Responsible Accounting Officer - September 2018

Attachment 1

 

 

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Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO59/18

 

Subject:             Delegations of Authority

Folder No:                   F2004/06895

 

Author:                        Julie Hartshorn, Senior Administrative Coordinator

 

Introduction

 

The Local Government Act 1993, and other relevant legislation authorise Council to undertake a range of functions.

 

Section 377 of the Act allows the elected Council to delegate authority to the General Manager, by Council resolution, to make most decisions and perform most functions required for Council to operate business as usual activities. The General Manager sub-delegates these functions to Council staff in order to provide for the day to day operation of the Council.

 

Councils are required to review their delegations within 12 months after each ordinary election (section 440(7) of the Local Government Act) and this requirements was satisfied by a report to the 27 February 2018 Council meeting, wherein Council resolved to delegate a range of functions to the General Manager.

 

Issues

 

Legislative requirements

There are certain functions contained in the Local Government Act 1993 that Council is unable to delegate. Section 377 of the Local Government Act provides that:

 

(1)    A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

 

(a)    the appointment of a general manager,

(b)    the making of a rate,

(c)    a determination under section 549 as to the levying of a rate,

(d)    the making of a charge,

(e)    the fixing of a fee,

(f)            the borrowing of money,

(g)    the voting of money for expenditure on its works, services or operations,

(h)    the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i)             the acceptance of tenders to provide services currently provided by members of staff of the council,

(j)     the adoption of an operational plan under section 405,

(k)    the adoption of a financial statement included in an annual financial report,

(l)             a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m)   the fixing of an amount or rate for the carrying out by the council of work on private land,

(n)    the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o)    the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p)    the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q)    a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r)            a decision under section 234 to grant leave of absence to the holder of a civic office,

(s)    the making of an application, or the giving of a notice, to the Governor or Minister,

(t)     this power of delegation,

(u)    any function under this or any other Act that is expressly required to be exercised by resolution of the council.

 

(1A)  Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

 

(a)    the financial assistance is part of a specified program, and

(b)    the program is included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

(c)    the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d)    the program applies uniformly to all persons within the council’s area or to a significant proportion of all the persons within the council’s area.

 

Proposed delegations to the new General Manager

In accordance with the delegations to the outgoing General Manager, it is recommended that the incoming General Manager be delegated authority to:

 

Exercise all the powers and functions of the Council that it may lawfully delegate, under the Local Government Act and any other Act of Parliament, subject to the limitations set out below:

 

a)       Those functions designated in Section 377(1) of the Local Government Act 1993 as functions which may not be delegated.

b)       Any function designated in any other Act of Parliament as a function which may not be delegated.

c)       The exercise of any of the Council’s functions which must be referred to a Council Committee as set out in their delegations and/or terms of reference.

e)       The writing off of debts over the amount of $10,000 in accordance with clause 213(2) of the Local Government (General) Regulation 2005, in that the amount above which debts to the Council may be written off only by resolution of the Council is set at $10,000.

f)       The writing off of an individual rate or charge over the amount of $1,000 in accordance with clause 131(1) of the Local Government (General) Regulation 2005, in that the amount above which any individual rate or charge may be written off only by resolution of the council is set at $1,000.

g)       any adopted policy, decisions or directions of the Council.

 

The list of Act and Regulations, under which Council has powers and functions, are substantial and varied. The list includes, but is not limited to:

 

1)       Biosecurity Act 2015

2)       Boarding Houses Act 2012

3)       Building Professionals Act 2005

4)       Coastal Protection Act 1979

5)       Companion Animals Act 1998

6)       Contaminated Land Management Act 1997

7)       Criminal Procedure Act 1986

8)       Crown Lands Act 1989

9)       Electronic Transactions Act 2000

10)     Environmental Planning and Assessment Act 1979

11)     Food Act 2003

12)     Government Information (Public Access) Act 2009

13)     Heritage Act 1977

14)     Home Building Act 1989

15)     Impounding Act 1993

16)     Land & Environment Court Act 1979

17)     Library Act 1939

18)     Liquor Act 2007 

19)     Local Government Act 1993

20)     Protection of the Environment Operations Act 1997

21)     Public Health Act 2010

22)     Public Interest Disclosures Act 2013

23)     Registered Clubs Act 1976

24)     Road Transport Act 2013

25)     Roads Act 1993

26)     Strata Schemes Management Act 2015

27)     State Emergency & Rescue Management Act 1989

28)     State Records Act 1998

29)     Strata Scheme Management Act 1996

30)     Swimming Pools Act 1992

31)     Sydney Water Act 1994

32)     Trees (Disputes between neighbours) Act 2006

33)     Waste Avoidance & Resource Recovery Act 2001

34)     Work Health & Safety Act 2011

 

A Council resolution is required with respect to the plan making functions under Section 59 of the Environmental Planning & Assessment Act 1979 by virtue of the specific wording of the Act.

 

The General Manager sub-delegates, to the staff of Council, all those matters that provide for the day-to-day operations of the Council.

 

Proposed delegations to the Mayor and General Manager, jointly

Title

Detail

Miscellaneous donations

The Mayor and General Manager, jointly, are delegated authority to approve donations up to the sum of $3,000 provided that funds are available within the adopted budget for Miscellaneous Donations

Councillors attendance at conferences

The Mayor and General Manager, jointly, are delegated authority to authorise Councillors attendance at conferences, seminars and similar functions in accordance with Council's Councillor Expenses and Facilities Policy

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1c:       Continuous improvement in service delivery based on accountability, transparency and good governance.

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Delegations are a complex area. If comprehensive and practical delegations are not in place, however, the General Manager and Council staff will be unable to undertake there day to day activities and works and services will be severely impacted.

 

Recommendation

 

That:

 

1.     the Council, delegates to the General Manager of the Council, or to the person acting in the position of General Manager, all the powers and functions of the Council that it may under any Act of Parliament lawfully delegate effective from the date of this resolution, subject to the limitations set out below:

 

a)   Those functions designated in Section 377(1) of the Local Government Act 1993 as functions which may not be delegated.

b)   Any function designated in any other Act of Parliament as a function which may not be delegated.

c)   The writing off of debts over the amount of $10,000 in accordance with clause 213(2) of the Local Government (General) Regulation 2005, in that the amount above which debts to the Council may be written off only by resolution of the Council is set at $10,000.

d)   The writing off of an individual rate or charge over the amount of $1,000 in accordance with clause 131(1) of the Local Government (General) Regulation 2005, in that the amount above which any individual rate or charge may be written off only by resolution of the council is set at $1,000.

e)   any adopted policy, decisions or directions of the Council.

 

2.     in accordance with section 381 of the Local Government Act 1993, the Council delegates to the General Manager of the Council, or to the person acting in the position of General Manager, the plan making functions under Section 59 of the Environmental Planning & Assessment Act 1979.

 

3.     the Council delegates to the Mayor and Mayor and General Manager jointly, those delegations detailed in this report, effective from the date of this resolution.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Director Corporate Services Report No. CO60/18

 

Subject:             Contingency Fund - status as at 30 September 2018

Folder No:                   F2017/07396

 

Author:                        Julie Hartshorn, Senior Administrative Coordinator

 

Introduction

 

The purpose of this report is to detail the progressive amount of donations, allocations, waiving of fees and other similar contributions.

 

Issues

 

For the 2018-19 financial year there have been 28 allocations totalling $124,317.85. All allocations are listed in the table below.

 

Meeting

Details

Approved allocation

2018-19

Annual contribution (ongoing)

Planning Committee – 13 Mar 2012

Annual contribution – Australia Day Botany Bay Regatta

$750.00

Ord Council

17 Sept 2013

Annual Contribution (5 years from 2015-16 to 2019-20) Waiving of Fees – Rainbow Club Australia Inc – Murray Rose’s Malabar Magic Ocean Swim

 

$14,500.00

Ord Council  23 Sept 2014

Annual contribution (5 years from 2015-16 to 2019-20) - Randwick Boys High School - 'Mayor's Award'

$1,000.00

Ord Council – 26 April 2016

Annual contribution (5 years from 2015-16 - Sydney Children’s Foundation Gold Telethon)

$5,000.00

Ord Council – 26 April 2016

Annual contribution (5 years from 2016-17 - Sydney Children’s Foundation Lights for Kids Christmas campaign)

$2,000.00

Ord Council – 25 Jul 2017

Annual contribution (5 years from 2017-18 to 2021-22) - Randwick Girls’ High School - 'Mayor's Award'

$1,000.00

Ord Council – 27 June 2017

Sponsorship and in-kind support - Surfing NSW - Junior State Surfing Title

$16,000.00

2018-19 Contingency Fund allocations

Ord Council – 27 Feb 2018

Financial assistance - Randwick Boys' and Girls' High Schools Show 2018

$4,000.00

Ord Council – 22 May 2018

Waiving of fees - Charity Car Show and Shine

$4,749.85

Ord Council – 26 June 2018

Waiving of fees - International Day of People with a Disability

$440.00

Ord Council – 26 June 2018

Waiving of fees - St George Coptic Orthodox Church Annual Community Fete

$1,323.00

Ord Council – 26 June 2018

Waiving of fees - Taste of Coogee 2018

$15,451.00

Ord Council – 26 June 2018

Financial assistance - South Sydney Rabbitohs' - Commemorate John Sutton Historic Milestone

$2,000.00

Ord Council – 24 July 2018

Waiving of fees - Our Lady of the Rosary School, Kensington Community Fair

$9,488.00

Ord Council – 24 July 2018

Waiving of fees and donation - NSW Police Force & International Students' Beach Soccer Day

$4,518.00

Ord Council – 24 July 2018

Waivng of fees - Coogee Surf Life Saving Club - Take 3 for the Sea

$928.00

Ord Council – 24 July 2018

Donation - Coogee Surf Life Saving Club - Coogee Dippers (Autism) Program

$5,000.00

Ord Council – 24 July 2018

Waiving of fees - Filipino Cultural and Arts Festival

$3,020.00

Ord Council – 24 July 2018

Financial assistance - A National Act of Recognition

$1,000.00

Ord Council – 24 July 2018

Financial contribution - Commemorative Statue at the Cenotaph, Maroubra

$2,000.00

Ord Council – 24 July 2018

Financial assistance - Blak Markets La Perouse

$7,500.00

Ord Council – 28 Aug 2018

Financial assistance - La Perouse Public School

$2,780.00

Ord Council – 28 Aug 2018

Expansion of Community Partnership - Sydney Roosters inaugural women’s NRL side

$1,000.00

Ord Council – 28 Aug 2018

Donation - Wee Waa Chamber of Commerce

$1,000.00

Ord Council – 28 Aug 2018

Annual Des Renford Chair of Hearts Research Family Gala and Charity Day - Use of Des Renford Leisure Centre

$9,500.00

Ord Council – 25 Sept 2018

Surf Life Saving and Pool Rescue Coaching Clinic - Use of Des Renford Leisure Centre Pool

$6,102.00

Ord Council – 25 Sept 2018

Donation - Humour Foundation Clown Doctors Program

$1,000.00

Ord Council – 25 Sept 2018

Waiving of fees - Maroubra Diggers Junior Swimming Club for two Swimming Carnivals at Des Renford Leisure

$1,268.00

 Total - 2018-19 Contingency Fund allocations:                                                            $124,317.85

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:           A vibrant and diverse community.

Our community will be proud to be part of our City and celebrate its range of cultures and people.

Direction 2b:         Enrich our range of community services that meet our community’s needs.

Key Actions:         Support the provision of services and facilities to meet the needs of our Target Groups and celebrate the range of cultures and people within Randwick City.

 

Financial impact statement

 

Council has allocated $95,000.00 in the 2018-19 Budget for contingencies. Budget adjustments, if required, are dealt with as part of quarterly budget reviews.

 

 

 

Recommendation

 

That the status of the contingency funds allocations for 2018-19, be noted.

 

 

Attachment/s:

 

Nil

 

   


Ordinary Council                                                                                                       16 October 2018

 

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Motion Pursuant to Notice No. NM75/18

 

Subject:             Notice of Motion from Cr Luxford - Proposed Multicultural Advisory Festival

Folder No:                   F2004/06281

Submitted by:            Councillor Luxford, West Ward

 

 

That, following a resolution at the last Multicultural Advisory Committee meeting to organise a multicultural festival at Kensington Oval, Council, in conjunction with the Multicultural Advisory Committee, plan and organise a Multicultural festival to enhance diversity and inclusion in our city. It is proposed that this would happen in September 2019.

 

 

 

 

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Motion Pursuant to Notice No. NM76/18

 

Subject:             Notice of Motion from Cr Veitch - Review of Sydney Football Stadium Development

Folder No:                   F2015/00095

Submitted by:            Councillor Veitch, West Ward

 

 

That Randwick City Council:

 

1.     Notes that the NSW State Government has committed to commencing the demolition of the Allianz Stadium at Moore Park, and to re-build a new facility (The Sydney Football Stadium) at an estimated cost of $700 million dollars;

 

2.     Acknowledges that residents of Kensington, North Randwick and Kingsford have been severely impacted by the construction of the CSELR, and that an additional major infrastructure project in such close proximity may have further negative effects on the amenity and wellbeing of these residents;

 

3.     Undertake a review of the revised traffic study (Attachment 5- Addendum Transport Impact Statement) to assess traffic impacts on the Randwick LGA;

 

4.     Notes that The Secretary’s Environmental Assessment Requirements stipulates that the Applicant (Infrastructure NSW) must consult with relevant authorities, and address any issues raised during the consultation process;

 

5.     Notes that the SFS Response to Submissions report fails in any substantive way to address the issues raised regarding:

·         the need for the project;

·         government expenditure;

·         transparency and due process;

·         operational traffic and circulation;

·         the removal of trees;

·         impacts to Centennial Park and/or Moore Park;

·         the impacts of demolition and construction works;

·         operational parking;

·         sustainability;

·         the proposed capacity of the stadium and the number of events;

·         the heritage significance of the existing SFS;

·         impacts on the heritage of surrounding buildings and/or conservation areas;

·         pedestrian connectivity;

·         matters relating to other projects such as Westconnex or Sydney Light Rail, and more;

6.     Write to the Minister for Planning The Hon. Anthony Roberts to raise the concerns discussed above;

 

7.     Write to the Minister for Planning The Hon. Anthony Roberts and Infrastructure NSW requesting that the Applicant:

 

·         Commence a review of the SFS Response to Submissions, to address legitimate concerns raised by stakeholders and residents;

·         Provide a face to face briefing with Randwick City Council on the details of the proposal, and to discuss the concerns raised above;

·         Delay any demolition or other work on the development until the reviews and briefings discussed above have been completed, and the relevant Environmental Assessment requirements have been met.

 

 

 

 

 

 


Ordinary Council 16 October 2018

 

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Motion Pursuant to Notice No. NM77/18

 

Subject:             Notice of Motion from Cr Matson - Council response to the proposed expanded roll out of small cell mobile phone towers across our local government area

Folder No:                   F2004/06429

Submitted by:            Councillor Matson, East Ward

 

 

That Council notes that the proposed rollout of another 48 small cell mobile phone facilities across the LGA on top of the 18 facilities already approved installations comes at a time when international research by the Ramazzine Institute and the US National Toxicology Program reports a link between cell tower radiation and the development of cancer. Accordingly, Council calls on the federal Government to intervene to suspend the rollout pending a review of the relevance of the international findings to the safety of residents of urban Australia.”

 

 

 

 

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Motion Pursuant to Notice No. NM78/18

 

Subject:             Notice of Motion from Cr Stavrinos - Heritage Significance -  Anzac Parade Corridor

Folder No:                   F2017/00276

Submitted by:            Councillor Stavrinos, West Ward

 

 

That Council:

 

a)     As part of its LEP Review, investigate the heritage significance of the ANZAC    Parade corridor; and

 

b)     Apply for any grant funding options available for road works and any       associated upgrades to local, natural and cultural landmarks along the road        corridor.

 

 

 

 

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Motion Pursuant to Notice No. NM79/18

 

Subject:             Notice of Motion from Cr Veitch - Demolition Work – Eurimbla Ave, Botany and Magill Streets Randwick

Folder No:                   DA/208/2018

Submitted by:            Councillor Veitch, West Ward

 

 

That Randwick City Council:

 

1.     Notes that initial demolition work has commenced on Eurimbla Ave, Botany and Magill Streets Randwick, in preparation for the construction of new Hospital, Research and Education facilities;

 

2.     Notes that substantial amounts of hazardous material including asbestos and lead dust are to be removed, with major demolition work – including the use of excavators, trucks and trailers – slated to begin by mid-October;

 

3.     Notes that at the time of writing, nine homes have yet to be vacated, with young children, elderly and seriously ill residents still living in these homes;

 

4.     Notes that the majority of these residents have not received any payment from Health Infrastructure for their homes, so are not in a position to move. Notes further that these residents have expressed serious concerns about the demolition, and removal of hazardous materials;

 

5.     Write to The NSW Minister for Health, the Hon. Brad Hazzard, and Health Infrastructure NSW requesting that:

 

·         Demolition work not take place until all homes on the site have been vacated;

·         All options to make an offer on the properties in accord with that obtained by the resident’s independent valuer be investigated as a matter of priority, to allow residents to purchase a new property of similar size and amenity to that of their current homes, and to facilitate the demolition and construction work on the new facility in a timely manner.

 

 

 

 

 

 


Ordinary Council                                                                                                       16 October 2018

 

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Motion Pursuant to Notice No. NM80/18

 

Subject:               Notice of Motion from Cr Veitch - CSELR Construction work in the vicinity of Doncaster Ave, Randwick

Folder No:                   F2015/00095

Submitted by:            Councillor Veitch, West Ward

 

 

That Randwick City Council:

 

1.     Notes that residents on Doncaster Ave adjacent to the Light Rail Stabling Yard have been affected by noise and vibration from construction work on the CSELR since the beginning of 2016;

 

2.     Notes that there have been serious complaints made regarding structural damage caused to a number of homes, including substantial damage to one resident’s ceiling;

 

3.     Notes that construction work on and near the Light Rail Stabling Yard and Randwick Racecourse continues to take place late at night, in breach of (B89b(v) of the Approval. Notes further that as this work does not block or disrupt traffic, it should be scheduled to take place during the day;

 

4.     Write to the Minister for Planning and the Minister for Transport to request that:

 

·         An investigation of the complaints regarding structural damage to homes on Doncaster Ave be arranged as a matter of priority;

·         All CSELR construction work that does not disrupt traffic on public roads be scheduled to take place during ordinary business hours, as per the conditions of Infrastructure Approval.

 

 

 

 

 

  


Ordinary Council                                                                                                       16 October 2018

 

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Notice of Rescission Motion No. NR6/18

 

Subject:                  Notice of Rescission Motion submitted by Crs Andrews, Stavrinos, Seng - Mayoral Minute - Seeking Council support to participate in ClimateWatch (a citizen science project) with the not-for-profit Earthwatch Institute

Folder No:                   F2010/00241

Submitted by:            Councillor Andrews, Central Ward; Councillor Stavrinos, West Ward; Councillor Seng, Central Ward

 

That the resolution passed at the Council meeting held on Tuesday 25 September 2018 reading as follows:

 

That:

 

a)   Council supports this citizen-science monitoring project with the Earthwatch Institute and works with them to establish two applicable trails, one along the coastal walkway and one around the Randwick Environment Park

 

b)   Council approve an amount of $15,000 (excluding GST) in year 1 and $5,000 (excluding GST) in year 2 for this project with Earthwatch, from the Biodiversity budget of the environmental levy program; and

 

c)   annual reporting be provided to Council on the progress of this initiative, relevant and useful sightings and additional information capable of informing Council on the involvement of the Randwick community and the application of ClimateWatch to our local flora and fauna.

 

BE AND IS HEREBY RESCINDED.

 

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

 

That the matter be deferred for a briefing session.