RCC LOGO_Stacked_COLOUR_RGB

 

 

 

 

 

 

 

 

 

MINUTES OF Ordinary Council MEETING of the Council of the City of Randwick HELD ON Tuesday, 25 June 2019 AT 6:10pm

 

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 (arrived 6:33pm), M Matson & B Roberts

                                                                                             

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

 

Central Ward                                                               -      Councillors D Parker & T Seng

                                                                                             

Officers Present:

General Manager                                                                     Ms T Manns

Director City Services                                                              Mr T Clarke

Acting Director City Planning                                                 Mr R Wereszczynski

Director Corporate Services                                                    Mr D MacNiven

Senior Administrative Coordinator                                        Ms J Hartshorn

Communications Manager                                                     Mr J Hay

Executive Manager                                                                  Mr L Fitzgerald

Manager Financial Operations                                              Mr G Byrne

 

Prayer & Acknowledgement of Local Indigenous People

The Council Prayer was read by Cr Stavrinos. The Acknowledgement of Local Indigenous People was read by Cr Veitch.

 

Apologies/Granting of Leave of Absences 

 

An apology and request for leave of absence was received from Cr Andrews.

 

RESOLVED: (Stavrinos/Luxford) that the apology received from Cr Andrews be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Ordinary Council held on Tuesday 28 May 2019

152/19

RESOLUTION: (Stavrinos/Hamilton) that the Minutes of the Ordinary Council held on Tuesday 28 May 2019 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting, subject to Cr Andrews name being removed from the Division on page 5 of the Minutes in relation to Item CP14/19, as Cr Andrews was not present at the meeting during this Division.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

a)    Cr Matson declared a significant non pecuniary interest in Items CP17/19 and CP18/19 as a community representative on the Sydney Eastern City Planning Panel. Cr Matson indicated that he would not take part in the debate or the voting on these matters.

b)    Cr Hamilton declared a significant non pecuniary interest in Items CP17/19 and CP18/19 as a community representative on the Sydney Eastern City Planning Panel. Cr Hamilton indicated that she would not take part in the debate or the voting on these matters.

c)    Cr Shurey declared a significant non pecuniary interest in Item CS22/19 as her husband works for one of the companies that submitted a tender on the matter. Cr Shurey indicated that she would not take part in the debate or the voting on the matter.

d)   Cr Veitch declared a significant non pecuniary interest in Item CP17/19 as it is one of her  places of employment. Cr Veitch indicated that she would not take part in the debate or the voting on the matter.

e)    Cr Veitch declared a non-significant non pecuniary interest in Item CO26/19 as a member of the Randwick/Botany Greens who hire council premises.

f)    Cr Matson declared a non-significant non pecuniary interest in Item CO26/19 as an office holder of Randwick/Botany Greens who hire Coogee East Ward Senior Citizens Centre.

g)     Cr D’Souza declared a non-significant non pecuniary interest in Item GM10/19 as he knows the speaker, Tony Waller.

h)     Cr D’Souza declared a non-significant non pecuniary interest in Item NM44/19 as he knows the speaker, Nick Shalhoub.

 

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:

GM9/19         Request for Financial Assistance - Taste of Coogee

 

Against                   Ms Lucy Bloom

 

For                           Mr John Stewart

 

GM10/19       Governance Review - Wylies Baths

 

For                           Mr Tony Waller (representing the Wylies Baths Trust)

 

CS22/19       South Coogee to Kingsford Walking and Cycling Streetscape Improvements - Results of Public Consultation

 

Against                   Mr Tim Moddel                                        

 

For                           Mr Anish Bhasin                                    

 

NM44/19       Notice of Motion from  Cr Matson - Plight of 8 Helena Street, Randwick

 

For                           Mr Nick Shalhoub                                  

 

NM46/19       Notice of Motion from Cr Matson - Additional Heritage items in Coogee.

 

For                           Mr Patrick Cunningham                       

 

The Meeting was adjourned at 7:15pm and was resumed at 7:25pm.

 


 

 

UB1/19      Cr Alexandra Luxford - Kingsford house fire (F2005/00266)

153/19

RESOLUTION: (Luxford/Stavrinos) That:

 

a)       Council pass on it condolences to the family of the elderly man who passed away in the recent tragic house fire in Kingsford.

 

b)       Council write to Mr Peter Schick, the neighbour who assisted, acknowledging and formally recognising his bravery in attempting to rescue the resident. 

 

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

 

RESOLVED (PROCEDURAL MOTION): (Matson/Said) that the Items for which there were speakers be brought forward for immediate consideration.

 

Mayoral Minutes

 

MM30/19   Mayoral Minute - Emergency Services Levy increase (F2018/00401)

154/19

RESOLUTION: (Mayor, Cr Neilson) That Council:

 

a)    writes to the NSW Premier, NSW Interim Opposition Leader, NSW Minister for Customer Services, NSW Minister for Local Government and Local State members objecting, in the strongest terms, to the increased levy and the late notification.

b)    provides a copy of the letter objecting to the increased levy to Local Government NSW.

 

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

 

 

 

MM31/19   Mayoral Minute - Waiving of Fees - St George Coptic Orthodox Church Annual Fete (F2019/00096)

155/19

RESOLUTION: (Mayor, Cr Neilson)That:

 

a)        The fees for the Saint George Coptic Orthodox Church annual community fete on Saturday 16 November 2019 be waived and $1,768.00 be allocated from the 2019-20 Contingency Fund;

 

b)        The fete organiser 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 be given the opportunity to address the event on behalf of the Council.

 

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

 

 

 

MM32/19   Mayoral Minute - Attendance at UN Youth Australia Young Diplomats Tour 2020 - Request for Financial Assistance (F2017/07396)

156/19

RESOLUTION: (Mayor, Cr Neilson) That an appropriate contribution to the cost of the return flights from the Council Contingency Fund to allow attendance by Ms Lilli Black at the United Nations Youth Australia, Young Diplomats Tour 2020.

 

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

 

 

 

MM33/19   Mayoral Minute - Local Government Mayoral Taskforce for people seeking asylum (F2004/06281)

157/19

RESOLUTION: (Mayor, Cr Neilson) That the Council apply to become a General Member of the nationally formed Local Government Mayoral Taskforce Supporting People Seeking Asylum

 

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

  

General Manager's Reports

 

GM7/19     General Manager's Report - Social Media Policy (F2011/00415)

158/19

RESOLUTION: (Parker/Veitch) That Council adopts the revised Social Media Policy, subject to the words “Damage the reputation of Council” being removed from section 5.3 of the draft policy.

 

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

 

 

 

GM8/19     General Manager's Report - Advisory Committees Code of Conduct (F2012/00372)

159/19

RESOLUTION: (Hamilton/Shurey) That the Advisory Committees Code of Conduct is adopted for immediate implementation.

 

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

Cr Bowen requested that his name be recorded as voting against this resolution.

 

 

 

GM9/19     General Manager's Report - Request for Financial Assistance - Taste of Coogee (F2019/00472)

160/19

 

 

 

 

 

 

RESOLUTION: (Matson/D'Souza) That:

 

a)     Council congratulate the Coogee Chamber of Commerce for evolving the Taste of Coogee festival to become financially self-sufficient.

 

b)     In acknowledging that now the event is financially self-sufficient and a gate fee has successfully been implemented, that Council not waive any of the fees associated with the holding of the Taste of Coogee festival.

 

c)     Council provide funding of up to $6,000 to go towards the production of the event booklet detailing all local Coogee small businesses and encouraging the community to support them in the month of September.

 

d)     Council invite the Coogee Chamber of Commerce, the Randwick Petersham Cricket Club and the Randwick Rugby Club to a meeting to discuss and agree on mitigation measures to protect ground conditions at Coogee Oval.

 

e)     Council meet with all stakeholders to discuss the location and timing of the Taste of Coogee Festival for the 2020 year and beyond.

 

f)      Council note the submission from the local Cricket Club and will bring forward options for speedily returning the oval to first class playing condition with the cost being borne by the organisers of the event.

 

MOTION: (Matson/Shurey) That:

 

a)     Council congratulate the Coogee Chamber of Commerce for evolving the Taste of Coogee festival to become financially self-sufficient.

 

b)     In acknowledging that now the event is financially self-sufficient and a gate fee has successfully been implemented, that Council not waive any of the fees associated with the holding of the Taste of Coogee festival.

 

c)     Council provide $6,000 from the Contingency Fund for the purposes of participation in the Taste of Coogee festival to promote local food and wine businesses through a stall to be facilitated by Council staff in partnership with local businesses.

 

d)     Council invite the Coogee Chamber of Commerce and the Randwick Petersham Cricket Club to a meeting to discuss and agree on mitigation measures to protect ground conditions at Coogee Oval.

 

e)     Council meet with all stakeholders to discuss the location and timing of the Taste of Coogee Festival for the 2020 year and beyond. LOST.

 

Councillors Matson and Shurey called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Shurey

Councillor Hamilton

Councillor Veitch

Councillor Stavrinos

Councillor Luxford

Councillor Parker

Councillor Matson

Councillor Seng

Councillor Neilson

Councillor Bowen

 

Councillor Roberts

 

Councillor Said

 

Councillor Da Rocha

 

Councillor D'Souza

Total (5)

Total (9)

 

MOTION: (Roberts/Hamilton) That:

 

a)     Council congratulate the Coogee Chamber of Commerce for evolving the Taste of Coogee festival to become financially self-sufficient.

 

b)     In acknowledging that now the event is financially self-sufficient and a gate fee has successfully been implemented, that Council not waive any of the fees associated with the holding of the Taste of Coogee festival..

 

c)     Council provide funding of up to $6,000 to go towards the production of the event booklet detailing all local Coogee small businesses and encouraging the community to support them in the month of September.

 

d)     Council invite the Coogee Chamber of Commerce, the Randwick Petersham Cricket Club and the Randwick Rugby Club to a meeting to discuss and agree on mitigation measures to protect ground conditions at Coogee Oval.

 

e)     Council meet with all stakeholders to discuss the location and timing of the Taste of Coogee Festival for the 2020 year and beyond.

 

AMENDMENT: (Matson/D’Souza) CARRIED AND BECAME THE MOTION.

 

Councillors Shurey and Matson called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Shurey

Councillor Hamilton

Councillor Veitch

Councillor Stavrinos

Councillor Luxford

Councillor Seng

Councillor Parker

Councillor Roberts

Councillor Bowen

Councillor Said

Councillor Matson

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Neilson

 

Total (9)

Total (5)

 

MOTION: (Matson/D’Souza) CARRIED – SEE RESOLUTION.

 

GM10/19   General Manager's Report - Governance Review - Wylies Baths (F2012/00407)

 

 

 

 

161/19

Note: A Rescission Motion in relation to this Item was submitted by Councillors Luxford, Seng and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 23 July 2019.

 

RESOLUTION: (Shurey/Da Rocha) That:

 

a)     Council reads and notes the Governance Review of Wylies Baths Trust;

 

b)     Council thanks the Wylies Baths Trust for their participation in the governance review;

 

c)     Council considers the preliminary position of the Wylies Baths Trust in relation to recommendations contained within the governance review;

 

d)     Council endorses the removal of the Mayor or another Councillor delegated by the Mayor as Council’s representative on Wylies Baths Trust, to be replaced by the General Manager (or their delegate);

 

e)     Council writes to the Wylies Baths Trust requesting the recommendations within the report be considered for adoption;

 

f)      Council delegates the process for appointment of community representatives of the Wylies Baths Trust to the General Manager (or their delegate).

 

AMENDMENT: (Luxford/Seng) That:

 

a)       Council reads and notes the Governance Review of Wylies Baths Trust; 

 

 b)    Council thanks the Wylies Baths Trust for their participation in the governance review;

 

Delete (c)

 

d)    Council endorses the removal of the Mayor or another Councillor delegated by the Mayor as Council’s representative on Wylies Baths Trust, to be replaced by the General Manager (or their delegate);

 

Delete (e)

 

f)     Council delegates the process for appointment of three community representatives, one of whom is appointed Chairperson of the Trust charged with the responsibility of implementing the Recommendations of the Governance Report, to the General Manager.

 

To ensure proper Governance and transparency in the selection process the General Manager convene a Selection Panel made up of:

 

1.      General Manager or her delegate.

2.      Independent Member (whom has experience in the Management of Trusts).

3.      A Wylies Baths Trust Member.

 

to select the three community representatives one of whom is selected as Chairperson. LOST.

 

Councillors Luxford and Stavrinos called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Stavrinos

Councillor Hamilton

Councillor Luxford

Councillor Shurey

Councillor Seng

Councillor Veitch

Councillor D'Souza

Councillor Parker

 

Councillor Bowen

 

Councillor Matson

 

Councillor Roberts

 

Councillor Said

 

Councillor Da Rocha

 

Councillor Neilson

Total (4)

Total (10)

 

MOTION: (Shurey/Da Rocha) CARRIED - SEE RESOLUTION.

 

Councillors Shurey and Matson called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Hamilton

Councillor Luxford

Councillor Shurey

Councillor Seng

Councillor Veitch

 

Councillor Stavrinos

 

Councillor Parker

 

Councillor Bowen

 

Councillor Matson

 

Councillor Roberts

 

Councillor Said

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Neilson

 

Total (12)

Total (2)

          

 

Director City Planning Reports

 

CP17/19    Director City Planning Report - 1300 Anzac Parade, Malabar (DA/898/2018)

 

 

 

162/19

Note: Having previously declared an interest, Crs Hamilton, Matson and Veitch left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Stavrinos/Bowen) That the SECPP assessment report for DA/898/2018, 1300 Anzac Parade, MALABAR be received and noted.

 

MOTION: (Stavrinos/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

Cr Veitch returned to the meeting at this point (11.20pm).

 

 

CP18/19    Director City Planning Report - 150-162 Barker Street, Randwick (DA/887/2018)

 

 

 

163/19

Note: Having previously declared an interest, Crs Hamilton and Matson left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Veitch/Shurey) That Randwick City Council:

 

1.    Notes significant variations to development controls throughout this DA, including:

 

·        Height breaches of 2.9m, 3.32m, 1.58m and 2.2m above 25m maximum (p.2);

·        Communal and public space N1 - 17.7% (25% required) (p.21), N2 – 21% (p.22);

·        Communal and public space solar access 36% (50% required) (p.22);

·        Deep soil zones N.1: 4.5% (7% - ADG requirement, substantial portion less than 6m in width)) (p.22-23) Min 25% of site area should incorporate deep soil areas sufficient in size and dimensions to accommodate trees and significant planting - DCP requirement;

·        Orientation and Visual Privacy. The proposal narrows the separation between building N1.1 and N1.2 from 12m down to 6m (p.23);

·        Solar and Daylight Access. Lot N2 43% (over 30% of dwellings will not receive the minimum 2 hours of solar access) (p.24);

·        Landscaped open space N1: 42.5%, N2: 42.7% (50% required);

·        Street tree removal. 6 x Jacaranda’s removed from Barker St, no provision for alternative design or replacement (p.60);

 

2.    Prepare a written report to submit to the SECPP noting these variations, and;

3.    Make a strong request that the SECPP enforce all development controls as specified in the LEP and DCP to protect the amenity of current and future residents and the local environment, and to enhance community confidence in the NSW planning process.

 

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

 

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

 

FOR

AGAINST

Councillor Shurey

Councillor Roberts

Councillor Veitch

 

Councillor Stavrinos

 

Councillor Luxford

 

Councillor Parker

 

Councillor Seng

 

Councillor Bowen

 

Councillor Said

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Neilson

 

Total (11)

Total (1)

 

Crs Hamilton and Matson returned to the meeting at this point (11.26pm).

 

 

CP19/19    Director City Planning Report - Variation to Development Standard under SEPP No.1 and Clause 4.6 - 14 May - 11 June 2019 (F2008/00122)

164/19

RESOLUTION: (Stavrinos/Veitch) That the report be received and noted.

 

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

 

Director City Services Reports

 

CS20/19    Director City Services Report - Food Waste Collection Trial (F2013/00423)

165/19

RESOLUTION: (Veitch/Shurey) That Council notes:

 

a)     food waste recycling trial achievements presented in the report;

 

b)     Council received $1.2 M NSW Environmental Trust grant funding to support implementation of food waste recycling service in MUD properties.

 

b)       To meet mandated state government targets (75% diversion of waste to landfill by 2022), bring back a report to council with targets, milestones and strategies to significantly increase food waste recycling through expanding council’s current food waste collection to all multi-unit dwellings in the 2019/20 or 2020/21 financial year.

 

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

 

 


 

 

CS21/19    Director City Services Report - Driveways and Developer Funded Works Policy (F2005/00282)

166/19

RESOLUTION: (Stavrinos/Veitch) That the draft Driveways and Developer Funded Works Policy be adopted.

 

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

 

 

 

CS22/19    Director City Services Report - South Coogee to Kingsford Walking and Cycling Streetscape Improvements - Results of Public Consultation (PROJ/10180/1527784/6)

 

 

 

 

167/19

Note: A Rescission Motion in relation to this Item was submitted by Councillors Bowen, Luxford, Seng and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 23 July 2019.

 

RESOLUTION: (Matson/Da Rocha) That:

 

1.     Council adopt the revised concept plans for the South Coogee to Kingsford Walking and Cycling Improvement Project (along Bundock, Avoca and Sturt Streets) as the foundation to finalise design development and proceed to construction of the project, when funded; and

 

2.     Council seek funding from RMS for the implementation of the project.

 

AMENDMENT: (Bowen/Stavrinos) That consideration of the Bundock/Sturt Street cycleway be deferred for a period of two months and Council conduct a full community consultation on the revised concept plan as set out in the Director City Services report CS22/19 dated 25 June 2019.  LOST.          

 

RESOLVED (PROCEDURAL MOTION) (Matson/Shurey) That the amendment be put.

 

AMENDMENT: (Bowen/Stavrinos) CARRIED – SEE RESOLUTION. 

 

Councillors Bowen and Stavrinos called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Stavrinos

Councillor Hamilton

Councillor Luxford

Councillor Shurey

Councillor Seng

Councillor Veitch

Councillor Bowen

Councillor Parker

Councillor Said

Councillor Matson

 

Councillor Roberts

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Neilson

Total (5)

Total (9)

 

RESOLVED (PROCEDURAL MOTION) (D’Souza/Shurey) That the motion be put.

 

MOTION: (Matson/Da Rocha) CARRIED - SEE RESOLUTION.

 

Councillors Matson and Da Rocha called for a DIVISION.

 

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

 

FOR

AGAINST

Councillor Hamilton

Councillor Stavrinos

Councillor Shurey

Councillor Luxford

Councillor Veitch

Councillor Seng

Councillor Parker

Councillor Bowen

Councillor Matson

Councillor Said

Councillor Roberts

 

Councillor Da Rocha

 

Councillor D'Souza

 

Councillor Neilson

 

Total (9)

Total (5)

 

The meeting was adjourned at 10.00pm and was resumed at 10.09pm.

 

 

CS23/19    Director City Services Report - Joint support worker parking permit (F2004/07237)

168/19

RESOLUTION: (Stavrinos/Veitch) That:

 

1.     That Randwick Council join Inner West Council in recognising City of Sydney issued Support Worker Parking Permits; and

 

2.     An appropriate message of appreciation be forwarded to the City of Sydney in recognition of the City allowing Randwick City Council to participate in these joint arrangements. 

 

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

 

RESOLVED (PROCEDURAL MOTION): (D’Souza/Da Rocha) That the meeting be extended by 30 minutes, to 12am.

 

 

CS24/19    Director City Services Report - Use of Glyphosate in Randwick Council (F2004/06129)

169/19

RESOLUTION: (D'Souza/Da Rocha) That:

 

1.       Council substitute the use of Glyphosate based herbicide Roundup with organic based herbicides such as ‘Slasher’ in our predominant weed management program and in Urban Bushland and Coastal walkway areas substitute Roundup with an alternative herbicide that is approved and regulated for use in these situations for an extended trial for the 2019-20 financial year.

 

2.       Council officers will report back on the alternate product for Urban Bushland and Coastal walkway areas prior to the commencement of use of the product.

 

3.     Council Officers will report back to Council on the effects and efficiencies of the alternate products.

 

MOTION: (D'Souza/Da Rocha) CARRIED - SEE RESOLUTION.

 

Director Corporate Services Reports

 

CO26/19    Director Corporate Services Report - Randwick City Council Operational Plan and Budget 2019-20 (F2019/03002)

170/19

RESOLUTION: (Said/Hamilton) That:

 

a)     The Operational Plan for 2019-20 be adopted as per the attached, and that the General Manager be authorised to make any minor changes as requested by the Council or the NSW Office of the Local Government;

 

b)     The Budget for 2019-20 be adopted as per the attached;

 

c)     The General Fees and Charges be adopted for 2019-20 as per the attached;

 

d)     Council make and levy the ordinary Residential Rate for 2019-20, under s.494 and s.498(1)(a) and (2) of the Local Government Act 1993, as a rate of 0.00139100 in the dollar on the land value of all rateable land within the City of Randwick being categorised as Residential;

 

e)     Council make and levy the ordinary Business Rate for 2019-20, under s.494 and s.498(1)(a) and (2) of the Local Government Act 1993, as a rate of 0.00526580 in the dollar on the land value of all rateable land within the City of Randwick being categorised as Business;

 

f)      Council make and levy the ordinary Port Botany Business rate for 2019-20, under s.494 and s.498(1)(a) and (2) of the Local Government Act 1993, as a rate of 0.00863720 in the dollar on the land value of all rateable land within the Port Botany Business sub-category area, defined by the SP1 Special Activities zone of the Three Ports SEPP 2013;

 

g)     Council make and levy the Environmental Levy special Rate for 2019-20, under s.495 and s.498(1)(b) and (2) of the Local Government Act 1993, as a rate of 0.000115110 in the dollar on the land value of all rateable land within the City of Randwick;

 

h)     Council make and levy the ordinary Residential minimum rate for 2019-20 under s.548(1)(a), (2), (4) and (5) of the Local Government Act 1993, as $850.15;

 

i)      Council make and levy the ordinary Business minimum rate for 2019-20 under s.548(1)(a), (2), (4) and (5) of the Local Government Act 1993, as $1,369.99;

 

j)       Council make and levy the Port Botany Business minimum rate for 2019-20 under s.548(1)(a), (2), (4) and (5) of the Local Government Act 1993, as $1,369.99;

 

k)     Council make and levy the Domestic Waste Management Charge for 2019-20 under s.496 of the Local Government Act 1993, as $586.00;

 

l)      Council make and levy a Domestic Waste Management Charge for an additional 140 litre bin for 2019-20 under s.496 of the Local Government Act 1993, as $282.00;

 

m)    Council make and levy a Domestic Waste Management Availability Charge for vacant/unoccupied Residential land under s.496 of the Local Government Act 1993, as $293.00.

 

n)     Council make and levy the Stormwater Management Service Charge for residential properties for 2019-20 under s.496A of the Local Government Act 1993, as $25.00;

 

o)     Council make and levy the Stormwater Management Service Charge for residential strata/Company titled properties for 2019-20 under s.496A of the Local Government Act 1993, as $12.50;

 

p)     Council make and levy the Stormwater Management Service Charge for business properties for 2019-20 under s.496A of the Local Government Act 1993, as $25.00 plus an additional $25.00 for each 350m² or part thereof by which the parcel of land exceeds 350m²;

 

q)     Council make and levy the Stormwater Management Service Charge for business strata/Company titled properties for 2019-20 under s.496A of the Local Government Act 1993, calculated in accordance with the land area as per business properties in ‘p’ above and then apportioned by unit entitlement subject to a minimum charge of $5.00 per business strata lot.

 

r)      The interest rate on overdue rates for 2019-20 be set at 7.5 per cent which is the maximum rate as determined by the Minister for Local Government; under s.566(3) of the Local Government Act 1993; and

 

s)     Council grant a further $100 rebate in addition to the existing statutory $250 pensioner concession in 2019-20 for eligible pensioners, with the additional rebate to be split $75 to the Domestic Waste Management Charge and $25 to the Environmental Levy.

 

t)      The Responsible Accounting Officer be delegated to make changes as adopted by Council.

 

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

 

 

 

CO27/19    Director Corporate Services Report - Contingency Fund - status as at 31 May 2019 (F2017/07396)

171/19

RESOLUTION: (Stavrinos/Veitch) That the status of the contingency funds allocations for 2018-19 and 2019-20, be noted.

 

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

 

 

 

CO28/19    Director Corporate Services Report - Determination of number of Councillors (F2004/06565)

172/19

RESOLUTION: (Stavrinos/Veitch) That Council determine, in accordance with Section 224 of the Local Government Act 1993, that the number of Councillors for Randwick City Council for the 2020-2024 term remain unchanged at 15.

 

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

 

 

 

CO29/19    Director Corporate Services Report - Local Government NSW - 2019 Annual Conference (F2004/06645)

173/19

RESOLUTION: (Matson/Parker) That:

 

a)       Councillors interested in attending the 2019 Conference of Local Government NSW advise the General Manager as soon as possible.

 

b)       proposed motions for the 2019 LGNSW conference be submitted to the July Council meeting for consideration and to allow submission by the deadline (being 19 August 2019).

 

c)       Council’s voting delegates (for voting on motions and voting in the election for Office Bearers and the Board) be independent Cr Da Rocha, three Labor Councillors, one Greens Councillor and two Liberal Councillors with the three parties to inform the General Manager of their choices.

 

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

 

 

 

CO30/19    Director Corporate Services Report - Investment Report - May 2019 (F2015/06527)

174/19

RESOLUTION: (Stavrinos/Veitch) That the Investment Report for May 2019 be received and noted.

 

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

 

 

 

CO31/19    Director Corporate Services Report - Monthly Financial Report as at 31 May 2019 (F2018/00380)

175/19

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

 

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

 

 

 

CO32/19    Director Corporate Services Report - Delegation limit for doubtful debt write off (F2019/06521)

176/19

RESOLUTION: (Shurey/Matson) That the value of debts which can be written off by the General Manager or by the Responsible Accounting Officer under delegated authority be fixed at $20,000.

 

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

 

RESOLVED: (PROCEDURAL MOTION) (Shurey/Matson) that the meeting be extended by a further 30 minutes, to 12:30am.

 

Petitions

Nil.

 

Motion Pursuant to Notice

 

NM41/19    Motion Pursuant to Notice - Notice of Motion from Cr Da Rocha - Supporting the wellbeing of animals and their owners (F2015/06453)

177/19

RESOLUTION: (Da Rocha/Seng) That Council:

a)     Recognise the large number of animal owners in the Randwick City LGA and the positive impact that they have on the community;

 

b)     Investigate opportunities to make pet ownership and maintenance more accessible and affordable; and

 

c)     Engage local and regional animal services providers to determine if there is the possibility of offering a free animal check-up service for residents.

 

AMENDMENT: (Veitch/-) That Council:

a)     Recognise the large number of animal owners in the Randwick City LGA and the positive impact that they have on the community;

 

b)     Investigate opportunities to make pet ownership and maintenance more accessible and affordable; and

 

c)     Engage local and regional animal services providers to determine if there is the possibility of offering a free animal check-up service for residents who are pensioner concession card holders. LAPSED FOR THE WANT OF A SECONDER.

 

MOTION: (Da Rocha/Seng) CARRIED - SEE RESOLUTION.

 

 

 

NM42/19    Motion Pursuant to Notice - Notice of Motion from Cr Da Rocha - Proposed amenities facility and improvements to Malabar Pool and surrounds (F2004/07490)

178/19

RESOLUTION: (Da Rocha/Said) That:

a)     Council investigate the feasibility of providing an amenities facility at Malabar pool to cater to the users of the Malabar rock pool;

 

b)     Council undertake works that provide a smoother, even surface at all access points of the pool for those who use the facility;

 

c)     Council investigate opportunities to increase the accessibility of the pool for users of all ages and abilities; and

 

d)     A report be brought back to Council outlining the opportunities and costs of providing the above mentioned works.

 

MOTION: (Da Rocha/Said) CARRIED - SEE RESOLUTION.

 

 

 

NM43/19    Motion Pursuant to Notice - Notice of Motion from Cr Veitch - Improving access to Council activities and events (F2017/00217)

179/19

RESOLUTION: (Veitch/D'Souza) That Randwick City Council bring back a report to council that identifies:

a)        Resident groups currently experiencing barriers to inclusion in council activities;

b)        The range of barriers (attitudinal, communication, physical, policy, programmatic, social, transportation) being faced by these residents and;

c)        Strategies, actions and measures for removing barriers and increasing inclusion in council programs and activities that are within the council’s operational framework.

 

MOTION: (Veitch/D'Souza) CARRIED - SEE RESOLUTION.

 

 

 

NM44/19    Motion Pursuant to Notice - Notice of Motion from  Cr Matson - Plight of 8 Helena Street, Randwick (F2016/06032)

180/19

RESOLUTION: (Matson/Said) That Council study the process that resulted in the deleterious impacts on the household at number 8 Helena Street from construction work at 10 Helena Street and report back to Councillors on the option of using this information as a case study in lobbying the NSW State Government and local MP’s for reforms to the accredited private certifier system.

 

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

 

 

 

NM45/19    Motion Pursuant to Notice - Notice of Motion from Cr Stavrinos - Proposed strategic plan for Parks and Playgrounds - community consultation (F2018/00592)

181/19

RESOLUTION: (Stavrinos/Hamilton) That Council, as part of the Housing Strategy being currently coordinated, conduct a simultaneous community consultation to devise a strategic plan for Parks & Playgrounds within the Randwick LGA to upgrade the amenity of these spaces to meet community expectations.

 

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

 

 

 

NM46/19    Motion Pursuant to Notice - Notice of Motion from Cr Matson - Additional Heritage items in Coogee (F2004/06755)

182/19

RESOLUTION: (Matson/Veitch) That the following dwellings be assessed for heritage protection not only for their individual worth but for the cohesive nature and uniformity of these rare heritage streets in Coogee in the upcoming Heritage Study and the Randwick Local Environmental Plan:

·    74 Dudley Street

·    76 Dudley Street

·    1 Berwick Street

·    3 Berwick street

·    5 Berwick Street.

 

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

 

 

 

Confidential reports (closed session)

 

That the meeting move into closed session in order to consider confidential items.

 

Closed Session

 

CO32/19    Confidential - Tender for the Lease of Heffron Park Tennis Centre - No. T2019-22 (F2019/00186)

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

183/19

RESOLUTION: (Stavrinos/Matson) That:

 

a)        under Regulation 178(1)(a) of the Local Government (General) Regulation 2005, Sydney Sports Management Group Pty Ltd be accepted as the successful tenderer for T2019-22 for the operation and management of the Heffron Park Tennis Centre at their submitted rates for a period of five (5) + five (5) years;

 

b)        under Section 377(1) of the Local Government Act 1993, the General Manager is authorised to enter into a contract on behalf of Council; and

 

c)        the unsuccessful tenderers be notified.

 

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

 

 

 

CS22/19    Confidential - Professional Services for Coogee Surf Club Upgrade Design and Construction Documentation - Tender No T2019-27 (F2019/00454)

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

184/19

Note: Having previously declared an interest, Cr Shurey left the chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Stavrinos/Matson) That:

 

a)     under Regulation 178(1)(a) of the Local Government (General) Regulation 2005 and subject to contractual negotiations being finalised to the reasonable satisfaction of the General Manager, Allen Jack + Cottier Architects Pty Ltd be accepted as the successful tenderer for T2019-27 Professional Services for Coogee Surf Club Upgrade Design and Construction Documentation at their tendered price;

 

b)     under Section 377(1) of the Local Government Act 1993, the General Manager is authorised to enter into a contract on behalf of Council; and

 

c)     unsuccessful tenderers are notified. UNAN

 

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

 

Cr Shurey returned to the meeting at this point (12.13am).

 

 

CS23/19    Confidential - Tender for Wylie's Bath Pool Upgrading Works Stage One - No. T2019-19 (F2019/00145)

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

185/19

RESOLUTION: (Stavrinos/Matson) That:

 

a)     under Regulation 178(1)(b) of the Local Government (General) Regulation 2005, Council declines to accept the tender submitted;

 

b)     under Regulation 178(3)(e) of the Local Government (General) Regulation 2005, Council enter into negotiations with suppliers with the requisite experience to deliver components of the original tender;

 

c)     under Section 377(1) of the Local Government Act 1993, the General Manager is authorised to enter into a contract on behalf of Council; and

 

d)       the unsuccessful tenderer is notified.

 

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

 

 

 

CS24/19    Confidential - Extension of the Current Waste and Recyclables Collection Contract (F2013/00488)

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

186/19

RESOLUTION: (Stavrinos/Matson) That:

 

a)        under section 55(3) (I) of the Local Government Act 1993 (NSW) resolves, due to extenuating circumstances and the unavailability of competitive or reliable tenderers for the short term waste collection contract, that Council not invite tenderers for the short term Waste and Recyclables Collection Contract for the reason that there is a need to provide waste collection services for a flexible short term period only and that only one (1) supplier is likely to be in a position to provide these waste collection services to Council in a reliable fashion; and

 

b)        Council delegate to the General Manager the authority to negotiate an irrevocable offer with SUEZ Recycling and Recovery Pty Limited in relation to a new Waste and Recyclables Collection Contract for a short term period of eighteen (18) months commencing 1 July 2019, exercisable only by Council.

 

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

  

 

 

Open Session

 

That the meeting move back into open session.

 

Notice of Rescission Motions

i)            A Rescission Motion in relation to Item GM10/19 (Governance Review – Wylies Baths) was submitted by Councillors Luxford, Seng and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 23 July 2019.

 

ii)           A Rescission Motion in relation to Item CS22/19 (South Coogee to Kingsford Walking and Cycling Streetscape Improvements - Results of Public Consultation) was submitted by Councillors Bowen, Luxford, Seng and Stavrinos in accordance with Council’s Code of Meeting Practice and will be considered at the Ordinary Council meeting to be held on 23 July 2019.

 

There being no further business, Her Worship the Mayor, Cr K Neilson, declared the meeting closed at 12:15am.

 

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 23 July 2019.

 

 

 

 

 

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

CHAIRPERSON