RCC LOGO_Stacked_COLOUR_RGBTHESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

 

 

 

 

 

 

 

 


THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Ordinary Council of the Council of the City of Randwick HELD ON Tuesday, 16 October 2018 AT 6:07pm

 

Present:

The Mayor, Councillor K Neilson (Chairperson) (North Ward)

 

Councillor D Said (Deputy Mayor) (South Ward)

 

North Ward                                                       -     Councillors C Hamilton & L Shurey

 

South Ward                                                       -     Councillors C Da Rocha & N D’Souza

 

East Ward                                                         -     Councillors T Bowen (from 7.10pm), M Matson & B Roberts

 

West Ward                                                        -     Councillors A Luxford, H Stavrinos & P Veitch

 

Central Ward                                                     -     Councillors A Andrews, D Parker & T Seng (from 6.40pm)

Officers Present:

Acting General Manager                                                 Mr J Frangoples

Acting Director City Services                                         Mr J Ingegneri

Director City Planning                                                    Mr K Kyriacou

Director Governance & Financial Services                       Mr J Smith

Manager Administrative Services                                    Mr D Kelly

Communications Manager                                              Mr J Hay

Manager Corporate Improvement                                   Ms A Warner

Coordinator Information Management                             Mr G Panagiotopoulos

 

Prayer & Acknowledgement of Local Indigenous People

The Council Prayer was read by Cr Da Rocha. The Acknowledgement of Local Indigenous People was read by Cr D’Souza.

 

Apologies/Granting of Leave of Absences

 

Nil.

 

Confirmation of the Minutes

 

 

Confirmation of the Minutes of the Ordinary Council MEETING held on Tuesday 25 September 2018 & EXTRAORDINARY COUNCIL MEETING HELD ON WEDNESDAY 26TH SEPTEMBER 2018

298/18

RESOLUTION: (Matson/Shurey) that the Minutes of the Ordinary Council Meeting held on Tuesday 25 September 2018 and Extraordinary Council Meeting held on Tuesday 26 September 2018 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of those meetings.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

a)       Cr Stavrinos declared a non-significant non pecuniary interest in Item CS49/18 as he knows the managing agent through living in the City of Randwick.

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Council, deputations were received in respect of the following matters:

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

 

Against                 Mr John Pratt

 

For                       Mr Nicholas Efrossynis

 

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

 

For                       Ms Rosy Mobbs

 

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

 

For                       Ms Margaret Hope

 

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

 

For                       Mr Dimitrios Hatzitoulousis

 

The Meeting was adjourned at 6.49pm and was resumed at 7.10pm.

 

The Mayor, Cr Neilson, advised that the matters that were the subject of addresses to Council by members of the public would be brought forward for immediate consideration.

 

Mayoral Minutes

 

MM79/18      Mayoral Minute - Waiving of Fees - Beach Ultimate Frisbee - Selection Camp (F2018/00096)

299/18

RESOLUTION: (Mayor, Cr K Neilson) that:

 

a)       the Beach Hire fee amount of $1,044.00 be waived and funds be allocated from the 2018-19 Contingency Fund;

 

b)       the activity organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the activity; and

 

c)       the Mayor or the Mayor’s representative is given the opportunity to address the selection camp on behalf of Council.

 

MOTION: (Mayor, Cr K Neilson) CARRIED - SEE RESOLUTION.

 

 

 

MM80/18      Mayoral Minute - Surfing NSW - Request for Financial Assistance (F2018/00096)

300/18

RESOLUTION: (Mayor, Cr K Neilson) that:

 

a)         Council waive the $8,726.00 in fees associated with the 2019 Carve Pro surfing event to be held at Maroubra Beach between 23 January and 26 January 2019;

 

b)         Council approve the financial assistance of $15,000.00 for the TV and webcasting production of the 2019 Carve Pro Event;

 

c)         the funds be sourced from the 2018/2019 Contingency Fund;

 

d)         Surfing NSW be requested to appropriately and prominently acknowledge and promote Council’s contribution during the event; and

 

e)       the Mayor of the Mayor’s representative be given the opportunity to address the event on behalf of Council.

 

MOTION: (Mayor, Cr K Neilson) CARRIED - SEE RESOLUTION.

 

 

 

MM81/18      Mayoral Minute - Grant Application under the Stronger Communities Program (F2005/00182)

301/18

RESOLUTION: (Mayor, Cr K Neilson) that Council:

 

a)       vote to commit a sum of $5,000.00 to match the amount of grant it will be applying for under the Stronger Communities Programme to be funded from the 2018-19 Contingency Funds; and

 

b)       endorse the allocation of the defibrillators to local community organisations or sporting clubs in response to expressions of interest.

 

MOTION: (Mayor, Cr K Neilson) CARRIED - SEE RESOLUTION.

 

 

 

MM82/18      Mayoral Minute - Earthquakes in Indonesia - Donation to Relief Fund (F2018/06574)

302/18

RESOLUTION: (Mayor, Cr K Neilson) that Council donate $5,000.00 to National Board for Disaster Management to assist in emergency aid relief for the people of Indonesia, who are suffering after the recent earthquakes in Indonesia.

 

MOTION: (Mayor, Cr K Neilson) CARRIED - SEE RESOLUTION.

 

 

 

MM83/18      Mayoral Minute - Waiving of Fees - St Nicolas Anglican Church Carols by the Sea (F2018/00096)

303/18

RESOLUTION: (Mayor, Cr K Neilson) that:

 

a)       the fees for the “Carols by the Sea” event in Grant Reserve on Saturday 8 December 2018 be waived and $2,298.00 be allocated from the 2018-19 Contingency Fund;

 

b)       the organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event;

 

c)       the Mayor or the Mayor’s representative is given the opportunity to address the event on behalf of Council; and

 

d)       the event organisers provide Council with information following the event on the number of attendees.

 

MOTION: (Mayor, Cr K Neilson) CARRIED - SEE RESOLUTION.

 

 


 

Urgent Business

 

Nil.

 

General Manager's Reports

 

 

GM24/18      General Manager's Report - 2017-18 Disclosure of Interests Returns (F2018/00361)

304/18

RESOLUTION: (Andrews/Stavrinos) 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.

 

MOTION: (Andrews/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

Director City Planning Reports

 

 

CP52/18       Director City Planning Report - Process for the Continuation of the Environmental Levy (F2007/00367)

305/18

RESOLUTION: (Shurey/Matson) 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.

 

MOTION: (Shurey/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

AMENDMENT: (Stavrinos/Andrews) that a clause (c) be added which reads “that Council bring back a report to the next Council meeting identifying other ways in which the environmental initiatives, funded by the environmental levy, can be financed. LOST.

 

The DIVISION on the amendment was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor D'Souza

Councillor Da Rocha

Councillor Hamilton

Councillor Luxford

Councillor Roberts

Councillor Matson

Councillor Seng

Councillor Neilson

Councillor Stavrinos

Councillor Parker

 

Councillor Said

 

Councillor Shurey

 

Councillor Veitch

Total (6)

Total (9)

 

 

 

CP53/18       Director City Planning Report - Report for Variation to Development Standard under SEPP No.1 and Clause 4.6 - 21 August - 3 October 2018  (F2008/00122)

306/18

RESOLUTION: (Andrews/Stavrinos) that the report be received and noted.

 

MOTION: (Andrews/Stavrinos) CARRIED - SEE RESOLUTION.

 


 

Director City Services Reports

 

CS49/18       Director City Services Report - Tree Removal - Outside 16 Harbourne Road, Kingsford (F2018/07359)

307/18

RESOLUTION: (Hamilton/Luxford) 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).

 

MOTION: (Hamilton/Luxford) CARRIED - SEE RESOLUTION.

 

AMENDMENT: (Veitch/Matson) that this matter be deferred until the tree canopy calculation for this street has been provided to Council. LOST.

 

 

 

CS50/18       Director City Services Report - Consideration of Alcohol Restrictions in Munda Street Reserve (F2005/00873)

308/18

RESOLUTION: (Roberts/Said) that:

 

a)    Munda Street Reserve be designated as an Alcohol Prohibited Zone from sunset to sunrise;

 

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; and

 

d)    that the lighting of fires in the reserve be prohibited and that this prohibition advice be added to the signage currently in the reserve.

 

MOTION: (Roberts/Said) CARRIED - SEE RESOLUTION.

 

Director Corporate Services Reports

 

CO55/18      Director Corporate Services Report - Renewal of Community Partnership Agreement with Westpac Helicopter Rescue Service (F2009/00266)

309/18

RESOLUTION: (Andrews/Stavrinos) 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, to be funded from the Contingency Fund 2018-19 to 2020-2021.

 

MOTION: (Andrews/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

CO56/18      Director Corporate Services Report - Committee Elections (F2005/00775)

310/18

RESOLUTION: (Parker/Shurey) that Council:

 

a)      approve the duties, functions and quorums for the special/advisory committees in accordance with the report attachment;

 

b)      the appointments to those special/advisory committees and external bodies for the ensuring term until September 2019 be in accordance with the attachment to these Minutes.

 

MOTION: (Parker/Shurey) CARRIED - SEE RESOLUTION.

 


 

 

CO57/18      Director Corporate Services Report - Monthly Financial Report as at 30 September 2018 (F2018/00380)

311/18

RESOLUTION: (Andrews/Stavrinos) that Council acknowledges that the Responsible Accounting Officer has advised that the projected financial position of Council is satisfactory.

 

MOTION: (Andrews/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

CO58/18      Director Corporate Services Report - Investment Report - September 2018 (F2015/06527)

312/18

RESOLUTION: (Andrews/Stavrinos) that the Investment Report for September 2018 be received and noted.

 

MOTION: (Andrews/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

CO59/18      Director Corporate Services Report - Delegations of Authority (F2004/06895)

313/18

RESOLUTION: (Roberts/Matson) 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.

 

MOTION: (Roberts/Matson) CARRIED - SEE RESOLUTION.

 

 

 

CO60/18      Director Corporate Services Report - Contingency Fund - Status as at 30 September 2018 (F2017/07396)

314/18

RESOLUTION: (Roberts/Matson) that the status of the contingency funds allocations for 2018-19 be noted.

 

MOTION: (Roberts/Matson) CARRIED - SEE RESOLUTION.

 

 

Petitions

 

Nil.

 

Motions Pursuant to Notice

 

 

NM75/18      Motion Pursuant to Notice - Notice of Motion from Cr Luxford - Proposed Multicultural Advisory Festival (F2004/06281)

315/18

RESOLUTION: (Luxford/Stavrinos) that:

 

a)    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; and

 

b)    a report on this proposal including various options, possible dates and costing options, ranging from no cost to Council to being fully funded by Council, to be brought back to Council for consideration.

 

MOTION: (Luxford/Stavrinos) CARRIED - SEE RESOLUTION.

 

 

 

NM76/18      Motion Pursuant to Notice - Notice of Motion from Cr Veitch - Review of Sydney Football Stadium Development (F2015/00095)

316/18

RESOLUTION: (Veitch/Shurey) 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.

 

MOTION: (Veitch/Shurey) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Luxford

Councillor D'Souza

Councillor Matson

Councillor Hamilton

Councillor Neilson

Councillor Roberts

Councillor Parker

Councillor Seng

Councillor Said

Councillor Stavrinos

Councillor Shurey

 

Councillor Veitch

 

 

 

Total (8)

Total (6)

 

 

 

NM77/18      Motion Pursuant to Notice - 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 (F2004/06429)

317/18

RESOLUTION: (Matson/Shurey) 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.

 

MOTION: (Matson/Shurey) CARRIED - SEE RESOLUTION.

 

 

 

NM78/18      Motion Pursuant to Notice - Notice of Motion from Cr Stavrinos - Heritage Significance -  Anzac Parade Corridor  (F2017/00276)

318/18

RESOLUTION: (Stavrinos/Said) 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.

 

MOTION: (Stavrinos/Said) CARRIED - SEE RESOLUTION.

 

 

 

NM79/18      Motion Pursuant to Notice - Notice of Motion from Cr Veitch - Demolition Work – Eurimbla Ave, Botany and Magill Streets Randwick (DA/208/2018)

319/18

RESOLUTION: (Veitch/Shurey) 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.

 

MOTION: (Veitch/Shurey) CARRIED - SEE RESOLUTION.

 

 

 

NM80/18      Motion Pursuant to Notice - Notice of Motion from Cr Veitch - CSELR Construction Work in the Vicinity of Doncaster Ave, Randwick (F2015/00095)

 

 

 

 

 

320/18

Note: A Rescission Motion in relation to this matter was submitted by Councillors Hamilton, Roberts and Seng in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 27th November, 2018.

 

RESOLUTION: (Veitch/Matson) 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; and

 

5.       the Mayor place a modestly priced advertisement in the Southern Courier noting the failure of the State Government to respond to Council’s numerous representations on this extremely important issue.

 

MOTION: (Veitch/Matson) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

Notice of Rescission Motions

 

 

NR6/18        Notice of Rescission Motion - 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 (F2010/00241)

321/18

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

322/18

RESOLUTION: (Andrews/Seng) 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.

 

MOTION: (Andrews/Seng) CARRIED - SEE RESOLUTION.

 

RESOLUTION: (Andrews/Seng) that the matter be deferred for a briefing session.

 

MOTION: (Andrews/Seng) CARRIED - SEE RESOLUTION.

 

 

A rescission motion in relation to NM80/18 (Notice of Motion from Cr Veitch - CSELR Construction Work in the Vicinity of Doncaster Ave, Randwick) was submitted by Councillors Hamilton, Roberts and Seng in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 27th November, 2018.

 

 

There being no further business, Her Worship the Mayor, Cr K Neilson, declared the meeting closed at 10.29pm.

 

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 27 November 2018.

 

 

 

 

 

 

...................................................

CHAIRPERSON