BUSINESS PAPER

 

 

 

 

 

 

 

 

 


Ordinary Council

Meeting

 

Supplementary Business Paper

 

 

 

Tuesday 26 February 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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



Ordinary Council  26 February 2019

 

 

 

 

 

 

 

 

 


Ordinary Council

 

Notice is hereby given that an Ordinary Council meeting of Randwick City Council will be held in the Council Chamber, 1st Floor, 90 Avoca Street, Randwick on Tuesday, 26 February 2019 at 6:00pm

 

 

 

Mayoral Minutes

MM1/19    Temora Shire Council - Request for donation................................... 1

MM2/19    Request Assistance - Sea Shepherd Marine Debris Campaign........... 3

MM3/19    Save our Recycling Campaign........................................................ 5

MM4/19    The Coogee Owls Application to Waive Venue Hire Fees................... 7

MM5/19    Vale Sima Truuvert....................................................................... 9

MM6/19    Randwick City Football Club - Request for financial assistance

                towards 2019 Annual Gala Day.................................................... 11

MM7/19    Friends of Malabar Headland - Request for Donation...................... 13

MM8/19    Request for financial assistance for the Randwick and District

                Historical Society........................................................................ 15

MM9/19    St John's Anglican Church, Maroubra - Request for Donation.......... 19

MM10/19   St Margaret Mary's Primary School - Request for Financial

                assistance.................................................................................. 21     

Supplementary Director Corporate Services Report

CO8/19     Heffron Park Community and High Performance Centre.................. 23   

Supplementary Motion Pursuant to Notices

NM11/19   Notice of Motion from Cr Roberts - Parking fine reform................. 173

NM12/19   Notice of Motion from Cr Roberts - Hydrotherapy Pool.................. 175     

 

 

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM1/19

 

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Subject:                  Temora Shire Council - Request for donation

 

Folder No:                     F2019/06574

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

I recently contacted the Mayor of Temora Shire Council offering assistance to our sister city as I understand the issues are ongoing with the drought. 

 

Temora Shire Council considered a Mayoral Minute at their Ordinary Council meeting of 21 February 2019 and resolved to accept the generous offer by way of donation of Temora Gift Cards.  Council made a donation towards the Temora Gift Card program last year and has received a written request from Temora Shire Council for a further donation towards the program.

 

Issues

 

Temora Shire is a farming community and issues are ongoing with the drought.  The Mayor of Temora Shire Council has advised that “…harvest has occurred and we are grateful for what little we had. Most reaped some grain, however many didn’t. Those that did harvest some grain only had a little to sell or to feed for livestock.

 

Water is also a major cause for concern, as many farmers are now carting water for their homes and livestock. I know the good Lord will send rain to us in due course…I pray it happens sooner rather than later.

 

This is the time of year where cash really is in short supply. This is not only the case for our farming sector, but particularly the small business/retail community”.

 

Temora Shire Council have again recommended that we make a donation towards the Temora Gift Card program.  This would involve making a donation to the Salvation Army for the purchase of gift cards to be distributed to those most affected by the drought in the Temora Shire community.  The previous program has been successful and appreciated by those Farmers who received the gift cards.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council will be $3,000 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

Our Sister City are very appreciative of previous support and for the offer to assist further.  The Mayor of Temora Shire Council advised that “Councillors, Staff and Community are extremely grateful to you and your Council.  You are our cherished ‘Sister City’ who genuinely cares – This shall never be forgotten”.

 

It is recommended that Council’s further donation towards Temora Gift Cards be approved as an act of solidarity and to assist our sister city during this difficult time.

 


 

 

 

Recommendation

 

That Council make a donation of $3,000 to the Salvation Army to purchase gift cards to be distributed to those most affected by the drought in the Temora Shire community.

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM2/19

 

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Subject:                  Request Assistance - Sea Shepherd Marine Debris Campaign

 

Folder No:                     F2017/07396

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

Correspondence has been received from a representative of the Sea Shepherd Marine Debris Campaign Australia requesting financial assistance with their clean-up campaign.  This group is a registered charity.

 

Issues

 

The Sea Shepherd Marine Debris Campaign involves tackling ocean plastics.  They have monthly beach clean-ups, outreach and educational events.  The applicant has advised Council that “plastic pollutions is one of the greatest environmental problems facing our oceans, marine life and planet.  It is estimated that 12 million tonnes of plastic is entering our oceans annually”. 

 

The applicant has requested the donation from Council for 50 pairs of adult gloves, 30 pairs of children gloves and 40 pickers which will be used in the clean-up.  The cost of this equipment is $1,025 (excluding GST). 

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $1,025 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

It is considered that this is a worthwhile campaign, consistent with Council’s policy on plastics that will help eliminate plastics from our oceans and beaches.

 

 

 

Recommendation

 

That:

 

a)      Council support the Sea Shepherd Marine Debris Campaign Australia by donating gloves and pickers to the value of  $1,025 (excluding GST) and funds 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 their events.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM3/19

 

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Subject:                  Save our Recycling Campaign

 

Folder No:                     F2004/08250

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

I am calling on Councillors to support Local Government NSW in its advocacy to all those contesting the State election to reinvest 100% of the waste levy collected each year into waste management, recycling and resource recovery in NSW.

 

Issues

 

The Protection of the Environment Operations Act, 1997 (POEO Act) requires certain licensed waste facilities in NSW to pay a contribution to the NSW Government for each tonne of waste received at the facility. Referred to as the 'waste levy', the contribution aims to reduce the amount of waste placed in landfill and promote recycling and resource recovery. 

 

The waste levy applies in the regulated area of NSW which comprises the Sydney metropolitan area, the Illawarra and Hunter regions, central and north coast local government areas extending to the Queensland border, the Blue Mountains, Wingecarribee and Wollondilly local government areas.

 

In 2016/17, the NSW Government collected $726 million from local government, community, businesses and industry via the waste levy.  Only $72 million (10%) was committed through its Waste Less Recycle More initiative on waste minimisation and recycling in 2017/18. 

 

The NSW Government’s Waste Less Recycle More initiative allocates $801 million over 8 years (2013-2021) to waste and recycling. However, the waste levy collected over that same period will be over $4.62 billion.

 

At a local government level, just 18% of the $300 million collected from the local government sector each year is reinvested into recycling and waste management. Randwick Council paid $3.6 million towards the waste levy in 2017/18. Council received $165,000 in contestable/non-contestable funding over the same period to assist the council with waste management and recycling infrastructure, programs and education.

 

The figures indicate that only a small percentage of the waste levy is currently used to support waste minimisation, recycling and resource recovery.  The remainder is returned to the NSW Government’s consolidated revenue.

 

The reinvestment of the waste levy to support waste and resource recovery infrastructure, develop markets, introduce innovative solutions and undertake other initiatives to encourage reuse and recycling also offers wide-ranging benefits to communities right across NSW. There is the potential for economic growth, new infrastructure, new technology and new jobs, particularly in our regional areas.

 

The following motion was unanimously endorsed at the Local Government NSW 2018 Conference:

 

“That the NSW Government be called upon to ensure that 100% of the levy arising from Section 88 of the Protection of the Environment Operations Act 1997 be used for waste infrastructure and programs, predominantly by local government and the waste sector, for initiatives such as:

·      Development of regional and region-specific solutions for sustainable waste management (e.g. soft plastic recycling facilities, green waste, waste to energy).

·      Support innovative solutions to reduce waste and waste transport requirements.

·      Protect existing and identify new waste management locations.

·      Local community waste recovery and repair facilities.

·      Funding a wider range of sustainability initiatives, such as marketing and strategies that promote and support a circular economy.”

 

This motion covered motions proposed by Blacktown City Council (resource recovery locations); Central Coast Council (waste levy revenues); Cessnock City Council (recycling crisis - funding support); City of Ryde (revenue raised by the waste levy); Federation Council (waste resource); Gwydir Shire Council (tyre recycling); Hornsby Shire Council (increase in grant funding for waste levy program); Leeton Shire Council (increase of waste levy distribution); and Shoalhaven City Council (POEO Levies). Related motions were also submitted by Tweed Shire Council (recycled products and procurement); Lake Macquarie Council (support for recyclate end markets, reusable, recyclable or compostable packaging); and Orange City Council (waste management).

 

This is not a party-political issue. The advocacy initiative calls on all parties and candidates to commit to the 100% hypothecation of the Waste Levy to the purpose for which it is collected.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

I recommend that we support this campaign by the NSW local government sector and Local Government NSW to seek a commitment by all political parties for the reinvestment of 100% of the Waste Levy collected each year into waste management, recycling and resource recovery.

 

 

 

Recommendation

 

That Council:

 

1.       Endorse the Local Government NSW’s campaign, Save Our Recycling, to realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government into waste minimisation, recycling and resource recovery.

 

2.       Make representation to the local State Member(s), in support of this campaign objective.

 

3.       Write to the Premier, the Hon Gladys Berejiklian MP, the Opposition Leader, the Hon Michael Daley MP, the Minister for Local Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking bipartisan support for the 100% reinvestment of the Waste Levy collected each year into waste minimisation, recycling and resource recovery.

 

4.       Endorse the distribution and display of the Local Government NSW Save Our Recycling information on Council premises, as well as involvement in any actions arising from the initiative.

 

5.       Formally advise Local Government NSW that Council has endorsed the Save Our Recycling advocacy initiative.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM4/19

 

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Subject:                  The Coogee Owls Application to Waive Venue Hire Fees

 

Folder No:                     F2012/00278

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

The Coogee Owls is a not-for-profit support group for people with Myalgic Encephalitis/Chronic Fatigue Syndrome (ME/CFS) and Fibromyalgia (FM).They currently have 46 members according to their website.

 

It has been successfully run for the past 10 years by Monika Allan.

 

Issues

 

Council has previously granted The Coogee Owls the use of Meeting Room 1 at the Margaret Martin Library, Randwick free of charge for 6 months until December 2018.

 

The group meets monthly 11 months a year from 2.30pm-4.30pm, but cannot afford meeting room fees. The total cost of hiring this room for the year would be $759.00 (including GST).

 

They would like to meet the first Friday of each month in this room, as it supports their need for a quiet, intimate space.

 

Financial impact statement

 

The cost for the hire of the Room for 11 months would be $759 (including GST) and, if the report recommendation is adopted, this will be funded from the Contingency Fund.

 

Conclusion

 

The work of the Coogee Owls in supporting local sufferers of ME/CFS and FM is very important, particularly as there is no cure and many never recover. The group has been very active, as the coverage in the local media attests, and is to be commended for the role they play in supporting and advising sufferers. The Margaret Martin Meeting Room can be made available free of charge once a month for two hours, if endorsed by Council.

 

 

 

Recommendation

 

That Council waive the Venue Hire fees totaling $759 (including GST) for the Margaret Martin Library Meeting Room, to allow The Coogee Owls, a local support group for ME/CFS and FM, to continue to meet on a monthly basis in suitable premises.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM5/19

 

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Subject:                  Vale Sima Truuvert

 

Folder No:                     F2019/01118

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

It is with much sadness that I officially table this Mayoral Minute to pay our respects and appreciation of the contribution of the late Sima Truuvert, Council’s former Director City Planning.

 

Sima passed away on Thursday 17 January 2019 after an arduous battle with cancer. Her funeral service on 23 January was attended by hundreds of people – friends, family, staff, and community members – all people she has touched over her long career. For those who knew Sima – and there aren’t many involved in Randwick Council who didn’t – they will remember her as dedicated, charismatic and elegant.

 

There are few people who have left such a distinct impression both on an organisation and an area as Sima has. Her legacy is all around us in our community’s strong sense of community, our built form and our natural environment.

 

Background

 

Sima commenced work for Randwick City Council in 1998 after having previously worked for the Department of Planning for 15 years. Starting as the Manager Strategic Planning, she was soon promoted to the Director of City Planning position where she had responsibility for Council’s development assessment, strategic planning, community services, and events and venues departments.

 

An international woman, Sima demonstrated that planning is about people and about creating a sense of community. In 2000, Sima lead the Council team that successfully defended a legal appeal brought against the Council by the Department of Defence over their plans to redevelop the Bundock St site in Randwick.

 

Following years of court action, masterplans and negotiation, Sima was successful in not only having Council’s legal fees paid, but negotiated a number of significant benefits for the Council and community.

 

This included requiring the Department to build and gift to Council:

 

·      a new $4M community centre,

·      to rehabilitate 13 hectares of conservation area and wetlands and

·      to contribute $2.5 million towards ongoing maintenance.

 

This resulted in what is now the Randwick Community Centre and Randwick Environment Park - home of the Eco-Living Expo and a sustainability hub for local families and schools.

 

Another of Sima’s lasting legacies is establishing a wide range of popular and community-focused events. Sima was instrumental in the development of The Spot Food & Film Festival. This festival has helped put ‘The Spot’ on the map and it combined with the popular Film Walk of Fame which has seen the likes of Michael Caton, Bud Tingwell, Claudia Karven, Gary Sweet and Jack Thompson immortalised in Council bronze plaques.

 

The Australia Day Community Services Awards, Randwick Urban Design Awards and Randwick City Business Excellence Awards are all initiatives Sima was actively involved in establishing.

 

Sima’s City Planning Division oversaw and created two local environment plans and multiple Plans of Management which are guiding the redevelopment of significant community assets such as Heffron Park and the Chifley Sports Reserve.

In 2007, Council adopted an affordable housing policy, positioning Council as a leader in this area and currently delivering low cost housing for key workers. One of Sima’s greatest contributions was negotiating with Landcom over their redevelopment of the Prince Henry Hospital site in Little Bay.

As part of the redevelopment of the former hospital, Sima negotiated for Landcom to build and contribute to Council the Prince Henry Centre as well as three new public parks, affordable housing, new public roads and footpaths and the handover of Little Bay Beach and surrounds to Council. This work has resulted in the revitalisation of the area – a thriving residential and commercial mix in a unique heritage environment.

Her work helped Council win the prestigious Banksia Environmental Award for Local Government and two International Liveable Communities Awards. In 2017 she received an Australia Day Mayor’s Award and in 2014 she received a Minister for Local Government Award for Women – recognising her substantial commitment across local government.

Conclusion

 

Sima retired from her career at Randwick Council in 2018 and her achievements were celebrated at a retirement event in July 2018. At this event it was announced that the Sima Truuvert Planning Scholarship would be established. The scholarship is intended to inspire and encourage the planners of tomorrow. It is open to student planners and graduates and provides a 12-month paid work placement and a $5,000 HECS contribution. I am pleased to advise that applications are currently being sought for the scholarship and are open until 12 March 2019.

 

 

 

Recommendation

 

That Council:

 

a)      publicly notes the outstanding career and contribution of the late Sima Truuvert to Randwick City Council and the Randwick City community;

 

b)      notes the establishment of the inaugural Sima Truuvert Planning Scholarship which is now open for applications; and

 

c)      installs a bench with commemorative plaque at Little Bay in consultation with Sima’s family.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM6/19

 

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Subject:                  Randwick City Football Club - Request for financial assistance towards 2019 Annual Gala Day

 

Folder No:                     F2019/00001

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

Randwick City Football Club has written to Council requesting financial assistance towards the Annual Gala Day being held at Chifley Sportsfields on Sunday, 3 March 2019.  The club has requested a small donation of $100 which will help to defray costs and will then secure naming rights to one of the teams on the day.

 

Issues

 

The Randwick City Football Club Annual Gala Day is a unique event amongst football clubs in the Eastern Suburbs.  The club’s over 40s Masters players, women’s team, all-age players and teams of disabled young men, women and children and their families will combine to form mixed teams of all abilities and play in a round-robin mixed 5-a-side tournament over the course of the day.

 

The event focus is on diversity, inclusiveness and fun.  The Randwick City Football Club have advised Council that the event is a great opportunity to showcase to their players, sponsors and supporters how the club puts its values into practice in the community.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implications to Council is $100 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

It is recommended that Council support the Randwick City Football Club by contributing towards this worthwhile community event that focuses on diversity, inclusiveness and fun.

 

 

 

Recommendation

 

That:

 

a)      Council donate $100 towards the Randwick City Football Club Annual Gala Day to be held on Sunday, 3 March 2019;

 

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 be given the opportunity to address the event on behalf of Council.

 

 

Attachment/s:

 

Nil

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM7/19

 

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Subject:                  Friends of Malabar Headland - Request for Donation

 

Folder No:                     F2004/07430

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

The Friends of Malabar Headland have requested assistance with the donation of plants from the Council’s Nursery.

 

Issues

 

Friends of Malabar Headland is a volunteer community group, which was formed in 2000 to actively pursue the conservation of the natural and cultural heritage of Malabar Headland.

 

The group is committed to working with the community to ensure that the Headland is retained in its natural state for future generations to enjoy.  They have requested that native plants, to the value of $300 be donated to support their work.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $300 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

Council has supported the Friends of Malabar Headland in the past by waiving fees, community grants etc. It is recommended that the donation of plants to the value of $300 be approved on the basis that the Friends of Malabar Headland are a volunteer community group.

 

 

 

Recommendation

 

That the donation of plants to the value of $300 be supplied to the Friends of Malabar Headland and the funding be allocated from the 2018-19 Contingency Fund.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM8/19

 

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Subject:                  Request for financial assistance for the Randwick and District Historical Society

 

Folder No:                     F2010/00038

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

The Randwick and District Historical Society are a volunteer, membership based group. The Society exists to preserve a collection of historical material about the City of Randwick, with the collection having been built up over 60 years by dedicated volunteers. The Randwick and District Historical Society Inc. was founded in 1957 and aims to document the history of Randwick City including Randwick, Clovelly, Coogee, Kensington, Kingsford, Maroubra, Malabar, Matraville, La Perouse and nearby areas.

 

The Society have an office and exhibition space in Bowen Library where they undertake research and display their collection. Visitors and researchers are welcome to view the items on display and the volunteers are on hand to assist and conduct tours.

 

Issues

 

In 2016 the Randwick and District Historical Society replaced two of their older cabinets with some new metal cabinets with lighting installed. The new cabinets preserve the items much better than the timber cabinet as they are made from metal rather than wood.  The wood has meant that some items that have been displayed have become mouldy and as such the Society cannot put everything on display due to the risk of damage. The new cabinets also have 4 adjustable shelves allowing more display area rather than the 2 shelves in the wooden cabinets.

 

In April 2020 the Randwick and District Historical Society are planning a sestercentennial 250th exhibition of James Cook memorabilia to commemorate the landing in Botany Bay in 1770. The society have a number of relevant items in their collection that would be of interest as part of the sestercentennial commemorations.  The Society would like to have new cabinets in time for this exhibition to display an extensive collection on the James Cook sestercentennial including First Nation peoples, Cook in Botany Bay, Cook’s maps, charts, Cooks misadventure on the Barrier Reef, Banks and Solander; souvenirs and memorabilia.

 

Financial impact statement

 

The cost of purchasing two new glass display cabinets, including installation and wiring is $9000.00. Should Council accept the recommendation the amount could be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

In order to suitably mount the Randwick and District Historical Society exhibitions and collections it is recommended that Council fund two new modern glass display cabinets to replace two very old timber cabinets presently in use.

 

 

 

 

 

 

 

Recommendation

 

That Council fund two new glass display cabinets to be fitted in the Randwick and District Historical Society at a cost of $9000.00 and the funding be allocated from the 2018-19 Contingency Fund.

 

 

Attachment/s:

 

1.

Request for funding from R&DHS

 

 

 

 


Request for funding from R&DHS

Attachment 1

 

 

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Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM9/19

 

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Subject:                  St John's Anglican Church, Maroubra - Request for Donation

 

Folder No:                     F2004/07430

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

St John’s Anglican Church in Maroubra have requested assistance with the donation of plants from the Council’s Nursery.

 

Issues

 

The St John’s Anglican Church Committee is committed to upgrading and beautifying the Church grounds for environmental health and for the community.  They have requested that native plants be donated from Council’s Nursery to support this work.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $300 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

It is recommended that Council support St John’s Anglican Church, Maroubra by donating native plants for the benefit of the environment and the community.

 

 

 

Recommendation

 

That the donation of plants to the value of $300 be supplied to St John’s Anglican Church and the funding be allocated from the 2018-19 Contingency Fund.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council  26 February 2019

 

 

Mayoral Minute No. MM10/19

 

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Subject:                  St Margaret Mary's Primary School - Request for Financial assistance

 

Folder No:                     F2012/00278

Author:                          The Mayor, Cr Kathy Neilson     

 

 

Introduction

 

St Margaret Mary’s Primary School in Randwick have written to Council requesting the waiving of application fees associated with their fundraising activities being held at Mary McKillop Park outside the Randwick Literary Institute on Saturday, 23 March 2019.

 

Issues

 

St Margaret Mary’s Primary School is holding a BBQ and Cake stall in Mary McKillop Park on the day of the State Election as a major fundraising initiative for the small school.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $182 to be funded from the 2018-19 Contingency Fund.

 

Conclusion

 

It is recommended that Council support St Margaret Mary’s Primary School by waiving the application fees associated with holding their fundraising activities at Mary McKillop Park on Sunday, 23 March 2019 as the funds raised will go directly towards the school and continuing playground upgrade works.

 

 

 

Recommendation

 

That:

 

a)      Council waive the $182 Public Space Hire application fee associated with the St Margaret Mary’s Primary School fundraising activities being held at Mary McKillop Park on Saturday, 23 March 2019;

 

b)      the funds be allocated from the 2018-19 Contingency Fund;

 

c)      the organisers be requested to appropriately and prominently acknowledge and promote Council’s contribution during the event;

 

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

 

 

Attachment/s:

 

Nil

 

    


Ordinary Council  26 February 2019

 

 

Director Corporate Services Report No. CO8/19

 

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Subject:                  Heffron Park Community and High Performance Centre

 

Folder No:                     F2010/00282

Author:                          Jeff Smith, Director Corporate Services     

 

 

Introduction

 

In accordance with a number of previous resolutions, Council supports the relocation of the South Sydney District Rugby League Football Club (Souths) to Heffron Park Maroubra, and the construction of a new Community and High Performance Centre at Heffron Park.

 

Council’s funding commitment to the project was adopted at its Council meeting of 25 June 2013, at which Council resolved

 

“That:

 

a)      Council progress the proposal to relocate the South Sydney “Rabbitohs” Rugby League Club training and administration facilities to Heffron Park;

b)      an application be made to the Federal Regional Development Australia Fund (Round Five) grant funding for the project; and

c)      a cap of $3 million of Council funding be placed on this project.”

 

The location of the facility was considered at the Council Works Committee Meeting held 9th February 2016, at which Council resolved to support in principle the construction of a new Community and High Performance Centre to be located in the western part of Heffron Park, on Bunnerong Road.

 

Negotiations regarding the commercial terms of the project commenced in 2016 and the first stage of negotiations involved the development of a non-binding Terms Sheet. At the Council Meeting of 28 March 2017 Council resolved “that:

 

(a)     Council endorse the attached Terms Sheet;

(b)     Council commence preparation of an Agreement for Lease and Lease for the Community and High Performance Centre, with a report to be brought back to Council; and

(c)     the General Manager be delegated authority to sign the Terms Sheet on behalf of Council and forward to Souths.

 

At the time of the Council report in 2017, Souths had secured $17 million for the project. This funding consisted of $10 million from the Australian Federal Government, $3 million from the Council and $4 million from Souths themselves. Subsequently, a further $8.696 million was secured through the State Government National Rugby League Centres of Excellence Program resulting in a total project funding pool of $25.696 million.

 

In accordance with Office of Local Government Guidelines, a detailed Capital Expenditure Review and Public Private Partnership Review were prepared.

 

 

 

On 13 February 2018 Council resolved to:

 

1.      endorse the Capital Expenditure Review; and

2.      give the General Manager authority to certify the Initial Assessment of the proposed Private Public Partnership with South Sydney District Rugby League Football Club Limited to jointly develop The South Sydney Rabbitohs Community and High Performance Centre which has been prepared in accordance with the NSW Office of Local Government’s Guidelines on the Procedures and Processes to be followed by Local Government in Public-Private Partnership, 1 September 2005 Guidelines.

3.      lodge the Public Private Partnership initial assessment with the NSW Office of Local Government.

 

 

Issues

 

On 14 February 2018 Council submitted the detailed Capital Expenditure Review and Public Private Partnership Review to the Office of Local Government for initial assessment. The CEO of the Office of Local Government responded on 30 April 2018 advising as follows:

 

“…The Office of Local Government (OLG) has noted Council’s PPP proposal to jointly develop a Community and High Performance Centre (CHPC) at Heffron Park with the South Sydney District Rugby League Football Club.

 

After reviewing the information provided, the Office of Local Government (OLG) has assessed Council’s proposed PPP project as not significant and not high risk, as defined by the OLG’s Guidelines on the Procedures and Processes to be followed by Local Government in Public Private Partnerships (the Guidelines). Accordingly, the project will not be referred to the Project Review Committee (PRC) for review…”

 

Council received further correspondence from the Office of Local Government on 21 June 2018 in relation to the Capital Expenditure Review as follows:

 

“…After reviewing the information provided by Council, it has been determined that the process outlined aligns to the criteria required in the guidelines and thereby Council has satisfactorily addressed the OLG’s capital expenditure criteria”.

 

This means Council has complied with OLG guidelines and no further assessments or approvals are required from the OLG for the project to proceed.

 

Concurrent with the Office of Local Government processes outlined above, Council and Souths have been negotiating the Agreement for Lease and Licence, which has been negotiated in accordance with the Terms Sheet endorsed by Council in March 2017.

 

The document has been finalised to the satisfaction of both parties and is recommended for endorsement by Council.

 

It is proposed to enter into a 21 year lease for the Community and High Performance Centre building. The rent will be market rent, which will be determined by an independent valuer at the commencement of the lease. A valuation of $110/m2 p.a. was obtained during negotiations of the Terms Sheet to assist the parties with financial planning for the project. Souths will be entitled to offset the capital contributions obtained from the Federal and NSW Government, and its own capital contributions towards this project, from the Rent.

 

In recognition of community outcomes arising out of the development (Souths Cares) a rental subsidy would be applied to the market rent in respect of the portion of the Premises to be used by Souths Cares, in accordance with Council’s Community Facilities Management Policy.  The amount of the rental subsidy will be reviewed every three years in line with the policy.

 

Souths will be responsible for its share of all outgoings, including utilities, cleaning, and repairs and maintenance of the premises.

 

A non-exclusive licence will also be entered into for Souths to utilise the sports field to be constructed adjacent to the Community and High Performance Centre.

The primary risk to Council associated with this project is construction risk. In the event of the construction project costs exceeding the available funding, Council will be required to fund the shortfall. To mitigate this risk, a detailed planning and project scoping process has been undertaken and will continue with the engagement of project managers and consultants in a range of technical disciplines including quantity surveying, architecture and town planning. Additionally, a buffer of 20% between the available funding and the construction budget has been agreed in the Agreement for Lease and Licence. Finally, if the Project Control Group cannot resolve issues as they arise, these matters will be escalated to the Project Executive Group which consists of the CEO of Souths and Council’s General Manager, with Council’s General Manager having the casting vote.

 

The $18.696 million in State and Federal Government funding for this project is being managed by the State Government. Souths and Council have worked together to negotiate a Funding Agreement between Souths and the State Government for this funding. Upon execution of the Funding Agreement and the Agreement for Lease and Licence, a first instalment of State and Federal Government funding equating to $5.6088 million (30% of the Government funding) will be received. A further $2.8044 million (15% of the Government funding) will be received upon approval of the Development Application. These early funding instalments should ensure that the project remains cash flow positive for its duration.

 

The contracting entity for Souths (both with ourselves and the State Government) is the South Sydney Members Rugby League Football Club Limited (Member Co.). Council has obtained a full guarantee and indemnity from the South Sydney District Rugby League Football Club Limited for all obligations of the Member Co.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:          Leadership in Sustainability.

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

 

Financial impact statement

 

Council has previously resolved to contribute $3 Million towards this project. Whilst Council takes on the construction risk of this project, it is not anticipated that Council will be required to contribute any more than the $3 Million previously allocated. Souths will be responsible for its share of all outgoings, including utilities, cleaning, and repairs and maintenance of the premises.

 

Conclusion

 

Following a substantial due diligence process and the securing of funding in excess of $25 million, the commercial arrangements for the Heffron Park Community and High Performance Centre are now recommended for endorsement to enable the project to progress with planning approvals and construction.

 

 

Recommendation

 

That Council delegate authority to the General Manager to execute the Agreement for Lease and Licence on behalf of Council for the Heffron Park Community and High Performance Centre

 

 

Attachment/s:

 

1.

Agreement for Lease and Licence - Community and High Performance Centre

 

2.

Lease - Community and High Performance Centre

 

3.

Licence - Community and High Performance Centre

 

 

 

 


Agreement for Lease and Licence - Community and High Performance Centre

Attachment 1

 

 

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Lease - Community and High Performance Centre

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Licence - Community and High Performance Centre

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Ordinary Council  26 February 2019

 

 

Motion Pursuant to Notice No. NM11/19

 

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Subject:                  Notice of Motion from Cr Roberts - Parking fine reform

 

Folder No:                     F2004/06807

Submitted by:               Councillor Roberts, East Ward     

 

 

 

That Council:

 

a)      Note the NSW Government commenced in June 2018 the first review and reform of parking and other fines in decades.

 

b)      Note the ongoing review has resulted in the NSW Government implementing the following reforms:

 

-    a reduction of 52 non-safety related parking fines issued by NSW Government authorities from $112 to $80; and

-    the option for councils and universities to also reduce the same 52 non-safety related parking fines from $112 to $80.

 

c)      Bring back a report to the March Ordinary meeting of Council on the financial impact to Council if Council elected to opt-in to the reforms already enacted by the NSW Government and other NSW Councils.

 

 

 

 

 

 


Ordinary Council  26 February 2019

 

 

Motion Pursuant to Notice No. NM12/19

 

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Subject:                  Notice of Motion from Cr Roberts - Hydrotherapy Pool

 

Folder No:                     F2005/00920

Submitted by:               Councillor Roberts, East Ward     

 

 

 

That Council: 

 

a)      Note other councils have hydrotherapy pools for the use of their community, including the one at the Cook and Phillip Pool in Sydney.

 

b)      Note there is limited opportunity or flexibility for local people with disabilities and injuries to use local hydrotherapy pools. 

 

c)      Bring back a report to investigate the feasibility of building a hydrotherapy pool for the Des Renford Leisure Centre, or at another Council controlled public recreational facility.