minutes council meeting - infoweb.georgesriver.nsw.gov.au

MINUTES

Council Meeting Monday 26 July 2021 7.00pm

Skype Online Meeting

Georges River Council – Minutes of Council Meeting - Monday, 26 July 2021 Page 1

PRESENT

COUNCIL MEMBERS The Mayor, Councillor Kevin Greene, Deputy Mayor, Councillor Stephen Agius, Councillor Vince Badalati, Councillor Sam Elmir, Councillor Sandy Grekas, Councillor Con Hindi, Councillor Nick Katris, Councillor Lou Konjarski, Councillor Kathryn Landsberry, Councillor Nancy Liu, Councillor Leesha Payor, Councillor Colleen Symington, Councillor Warren Tegg and Councillor Christina Wu.

COUNCIL STAFF General Manager - Gail Connolly, Director Assets and Infrastructure - Andrew Latta, Director Environment and Planning - Meryl Bishop, Director Community and Culture - Rebekah Schulz, Director Business and Corporate Services - David Tuxford, Director City Strategy and Innovation - Sue Weatherley, Director Legal Services and General Counsel - Jenny Ware, Manager, Chief Financial Officer - Danielle Parker, Office of the General Manager - Roxanne Thornton (Minutes), Executive Services Officer - Marina Cavar, Research and Project Officer - Ann-Marie Svorinic, Coordinator Technology - Brendan Scott, Manager Project Delivery - Alison Hanlon, Manager Customer Experience and Events - Kevin Brennan, Business Improvement Officer - Leo Chant, Head of Strategic Property - Bernard Morabito and Manager Strategic Planning - Catherine McMahon. EXTERNAL CONSULTANTS Mike King - Otium Planning Group Pty Ltd Brad Billet - Otium Planning Group Pty Ltd

OPENING The Mayor, Councillor Kevin Greene, opened the meeting at 7.04pm.

NATIONAL ANTHEM The National Anthem was played at the meeting.

PRAYER The Mayor, Councillor Kevin Greene offered a prayer to the meeting.

ACKNOWLEDGEMENT OF COUNTRY The Mayor, Councillor Kevin Greene acknowledged the traditional custodians of the land, the Biddegal people of the Eora Nation.

APOLOGIES/LEAVE OF ABSENCE RESOLVED: Councillor Agius and Councillor Grekas That an apology be accepted for Councillor Kastanias and a leave of absence granted. Record of Voting: For the Motion: Unanimous


NOTICE OF WEBCASTING The Mayor, Councillor Kevin Greene advised staff and the public that the meeting is being recorded for minute-taking purposes and is also webcast live on Council’s website, in accordance with section 4 of Council’s Code of Meeting Practice. This recording will be made available on Council’s Website.

CODE OF MEETING PRACTICE Council’s Code of Meeting Practice prohibits the electronic recording of meetings without the express permission of Council.

DISCLOSURES OF INTEREST

Councillor Badalati made a verbal disclosure of a Non-Significant Non-Pecuniary interest in item CCL044-21 / ENV030-21 (Adoption of the Beverly Hills Town Centre Master Plan 2021) for the reason that he lives in the area being reviewed. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Badalati will remain in the meeting. Councillor Grekas declared a Non-Significant Non-Pecuniary interest in item CCL047-21 / COM024-21 (Quarterly Community Property Report 1 April 2021 to 30 June 2021) for the reason that her son plays for Renown JRLFC which receives rental subsidy from Council. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Grekas will remain in the meeting. Councillor Hindi made a verbal disclosure of a Non-Significant Non-Pecuniary interest in item NR001-21 (NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool), for the reason that he lives in the vicinity of the Pool. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Hindi will remain in the meeting. Councillor Landsberry declared a Non-Significant Non-Pecuniary interest in item CCL047-21 / COM024-21 (Quarterly Community Property Report 1 April 2021 to 30 June 2021) for the reason that her son is a committee member and coach at Carss Park Football Club and works out of the offices of St George Football Association at Netstrata Jubilee Stadium. As this is a Non-Significant Non-Pecuniary disclosure, Councillor Landsberry will remain in the meeting. Councillor Payor declared a Significant Non-Pecuniary interest in items CCL044-21 / ENV030-21 (Adoption of the Beverly Hills Town Centre Master Plan 2021) for the reason that her running mate in the 2017 Local Government Election, is the owner of a property included in the Beverly Hills Master Plan. As this is a Significant Non-Pecuniary disclosure, Councillor Payor will not participate in the discussion or voting on this item. Councillor Payor declared a Significant Non-Pecuniary interest in items CCL044-21 / ENV035-21 (Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst) for the reason that her running mate in the 2017 Local Government Election, is a trustee of a property impacted by the Planning Proposal. As this is a Significant Non-Pecuniary disclosure, Councillor Payor will not participate in the discussion or voting on this item. Councillor Payor declared a Significant Non-Pecuniary interest in items CCL044-21 / ENV036-21 (Voluntary Planning Agreement Offer for 143-149 Boundary Road and 689 Forest Road, Peakhurst) for the reason that her running mate in the 2017 Local Government Election, is a trustee of a property impacted by the Voluntary Planning Agreement. As this is a Significant Non-Pecuniary disclosure, Councillor Payor will not participate in the discussion or voting on this item. Councillor Tegg declared a Pecuniary interest in item CCL044-21 / ENV031-21 (Public Exhibition of Draft Plan of Management and Master Plan for Moore Reserve 2021) for the reason that his primary place of residence is adjacent to Moore Reserve. As this is a Pecuniary disclosure, Councillor Tegg will not participate in the discussion or voting on this item.


PUBLIC FORUM

Speaker Report No. Report Title

1 Megan Argent NM056-21 Council Advocacy - Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

2 David Burdon (on behalf of National Trust NSW)

NM060-21 Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River

3 Glenyss Barnham NM056-21 Council Advocacy Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

4 Richard Nugent (on behalf of CM+)

CCL044-21 / ENV035-21

Report of the Environment and Planning Committee (PP2019/0003 - Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst)

5 Amy Vaughan (on behalf of Knight Frank Town Planning)

CCL044-21 / ENV035-21

Report of the Environment and Planning Committee (PP2019/0003 - Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst)

6

Noeleen Timberry (on behalf of La Perouse Local Aboriginal Land Council)

NM060-21 Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River

7 Elise Borg NR001-21 Notice of Rescission: NM046-21 Managing Risks to Community Safety – Kogarah War Memoria Pool

8 Sonia Braxant NM056-21 Council Advocacy - Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

9 Karina McDougall CCL050-21 Regional Aquatic Leisure Centre – Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd)

10 Natalie Mort NR001-21 Notice of Rescission: NM046-21 Managing Risks to Community Safety – Kogarah War Memoria Pool

11 Nathan Moran NM060-21 Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River


12 Peter Mahoney CCL050-21 Regional Aquatic Leisure Centre – Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd)

13 Lois Case NM052-21 Creation of a Register for Heritage Conservation Management Plans

14 Melina Amerasinghe NM052-21 Creation of a Register for Heritage Conservation Management Plans

15

Brett Daintry (on behalf of Beverly Hills Owners Association)

CCL044-21 / ENV030-21

Adoption of Beverly Hills Town Centre Master Plan

16 Peter Hill NR001-21 Notice of Rescission: NM046-21 Managing Risks to Community Safety – Kogarah War Memoria Pool

Note: At 7.20pm, Councillor Rita Kastanias requested to be dialled in to the meeting in order to participate in item NR001-21, and subsequently left the meeting at 10.29pm.

CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

CCL043-21 Confirmation of the Minutes of the Ordinary Council Meeting held on 28 June 2021 (Report by Executive Services Officer)

RESOLVED: Councillor Katris and Councillor Symington That the Minutes of the Ordinary Council Meeting held on 28 June 2021 be adopted. Record of Voting: For the Motion: Unanimous

MAYORAL MINUTES MM009-21 Georges River Council - Successful Grant Applications

(Report by Mayor, Councillor Greene) RESOLVED: The Mayor, Councillor Greene and Councillor Elmir That the General Manager accepts the grants on behalf of Council and continues to pursue grant funding for Council projects and programs. Record of Voting: For the Motion: Unanimous


MM010-21 South Hurstville Kindergarten - National Recognition of High Quality Child Care (Report by Mayor, Councillor Greene)

RESOLVED: The Mayor, Councillor Greene and Councillor Tegg (a) That Council acknowledge and congratulate the South Hurstville Kindergarten team; and (b) That the ‘Exceeding Industry Standards’ rating be included in all promotional collateral for

South Hurstville Kindergarten.

Record of Voting: For the Motion: Unanimous MM011-21 Proposal to Make an Interim Heritage Order over 'Glenlee', 80 Boronia

Parade, Lugarno (Report by Mayor, Councillor Greene)

RESOLVED: The Mayor, Councillor Greene and Councillor Symington That Council write to the Special Minister of State, The Hon. Don Harwin MLC and request that it be given the requisite authority under section 25 of the Heritage Act 1977 (by publication in the Gazette) to place an Interim Heritage Order over the property at Lot 1 DP 10359 (No. 80) Boronia Parade, Lugarno. Record of Voting: For the Motion: Unanimous MM012-21 Call for the Australian Government to Prioritise the Vaccination of

Essential Local Government Workers (Report by Mayor, Councillor Greene)

RESOLVED: The Mayor, Councillor Greene and Councillor Tegg That Council urgently write to the Federal Minister for Health, the Hon. Greg Hunt MP and the Federal Member for Banks, the Hon. David Coleman MP, to request that essential local government workers be prioritised for urgent vaccination consistent with the Australian Government Technical Advisory Group on Immunisation (ATAGI) guidelines. Record of Voting: For the Motion: Unanimous


CONDOLENCES

• Councillor Badalati expressed his condolences on the passing of Mr Bruce Warton, a neighbour of Councillor Badalati. Mr Warton was a regular Council meeting attendee during the days of Hurstville City Council. Mr Warton leaves behind his wife Val and three children. Councillor Badalati requested that a condolence card be sent from Council to Mr Warton’s wife and family.

• The Mayor, Councillor Greene, also expressed his condolences to the family of Mr

Warton. Mr Warton served in the National Service and was involved in a number of activities through the RSL movement. The Mayor, Councillor Greene requested that in accordance with Councillor Badalati’s request, a condolence card be sent to Mrs Val Warton and family from Council.

Note: Council observed a moment’s silence.

PROCEDURAL MOTION ORDER OF BUSINESS

MOTION: Councillor Katris and Councillor Tegg That, in accordance with Clause 7.5 of Council’s Code of Meeting Practice, Council alter the Order of Business of this meeting to allow for the following items to be considered prior to all other items on the agenda;

• CCL044-21 / ENV030-21 - Report of the Environment and Planning Committee (Adoption of the Beverly Hills Town Centre Masterplan 2021)

• CCL044-21 / ENV035-21 - Report of the Environment and Planning Committee (PP2019/0003 - Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst)

• CCL050-21 - Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd)

• NR001-21 - Notice of Rescission - NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool

• NM052-21 - Creation of a Register for Heritage Conservation Management Plans

• NM056-21 - Council Advocacy - Request for Government Funding to Purchase 'Glenlee', 80 Boronia Parade, Lugarno

• NM060-21 - Proposed Preparation of an Aboriginal Heritage Study and Management Strategy for Georges River

AMENDMENT: Councillor Hindi and Councillor Katris That, in accordance with Clause 7.5 of Council’s Code of Meeting Practice, Council alter the Order of Business of this meeting to allow for items to be considered in the following order:









Record of Voting: For the Amendment: Councillors Badalati, Hindi, Kastanias, Katris, Landsberry, Symington

and Wu Against the Amendment: The Mayor, Councillor Greene and Councillors Agius, Elmir, Grekas,

Konjarski, Liu, Payor and Tegg On being put to the Meeting, voting on this Amendment was seven (7) votes FOR and eight (8) votes AGAINST. The Amendment was LOST. RESOLVED: Councillor Katris and Councillor Tegg That, in accordance with Clause 7.5 of Council’s Code of Meeting Practice, Council alter the Order of Business of this meeting to allow for the following items to be considered prior to all other items on the agenda;








Record of Voting: For the Motion: The Mayor, Councillor Greene and Councillors Agius, Elmir, Grekas, Konjarski,

Liu, Payor and Tegg


Against the Motion: Councillors Badalati, Hindi, Kastanias, Katris, Landsberry, Symington and Wu On being put to the Meeting, voting on this Motion was eight (8) votes FOR and seven (7) votes AGAINST. The Motion was CARRIED.

Note: Councillor Payor left the meeting at 8.42pm.

COMMITTEE REPORTS

CCL044-21 Report of the Environment and Planning Committee Meeting held on 12 July 2021 (Report by Executive Services Officer)

RESOLVED: Councillor Hindi and Councillor Badalati That the Environment and Planning Committee recommendation for Item ENV030-21, as detailed below, be adopted by Council.

ENV030-21 Adoption of the Beverly Hills Town Centre Master Plan 2021 (Report by Senior Strategic Planner)

Note: Councillor Payor disclosed a Significant Non-Pecuniary interest in this matter. Councillor Payor did not participate in the discussion or voting on this item.

Note: Councillor Badalati disclosed a Non-Significant Non-Pecuniary interest in this matter. Councillor Badalati remained in the meeting during the discussion and voting on this item.

That consideration of this matter be deferred to a Councillor workshop to allow Council staff an opportunity to explain the submissions received, amendments to the development controls such the increase in floor space ratio and height (in particular for sites on King Georges Road) following the exhibition of the draft plan and a review of the approach to compulsory acquisition of properties in the areas such as between Frederick Street and Norfolk Street. Record of Voting: For the Motion: Deputy Mayor, Councillors Agius and Councillors Badalati, Elmir, Grekas,

Hindi, Kastanias, Katris, Konjarski, Landsberry, Liu, Symington, Tegg and Wu

Against the Motion: The Mayor, Councillor Greene

On being put to the meeting, voting on this Motion was thirteen (13) votes FOR and one (1) vote AGAINST. The Motion was CARRIED.



RESOLVED: Councillor Hindi and Councillor Badalati That the Environment and Planning Committee recommendations for Item ENV035-21, as detailed below, be adopted by Council.

ENV035-21 PP2019/0003 - Planning Proposal for 143-149 Boundary Road and 689-691 Forest Road, Peakhurst

(Report by Strategic Planner)


(a) That consideration of this item be deferred to a Councillor workshop to allow staff an opportunity to explain the proposed heights and the floor space ratio on the site in comparison to the permissible heights and floor space ratios currently permitted in the existing B1 zoning, the correlation of the proposed floor space ratio and the proposed height and consideration of the School of Arts site and whether it can be developed by itself taking into account elements such as site width and access.

(b) That a printed copy of the Planning Proposal, the Planning Report and Council’s resolution be provided to the Trustees of the School of Arts.

Record of Voting: For the Motion: Deputy Mayor, Councillor Agius and Badalati, Elmir, Grekas, Hindi,

Kastanias, Katris, Konjarski, Landsberry, Liu, Tegg and Wu Against the Motion: The Mayor, Councillor Greene and Councillor Symington

On being put to the meeting, voting on this Motion was twelve (12) votes FOR and two (2) votes AGAINST. The Motion was CARRIED.

Note: Councillor Payor returned to the meeting at 9.12pm.

ASSETS AND INFRASTRUCTURE

CCL050-21 Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd) (Report by Manager, Project Delivery)

RECOMMENDATION: Mayor, Councillor Greene and Councillor Elmir (a) That Council notes the findings and recommendations of the technical study Regional

Aquatic Leisure Centre – Todd Park Site Assessment Review 2021 prepared by Otium Planning Group Pty Ltd.

(b) That Council note that Todd Park has been confirmed as a suitable site for the future construction of a Regional Aquatic Facility.

(c) That Council take no further action to progress the concept at Todd Park as Council has not identified any source of funding to enable the construction of a third aquatic facility in


Georges River.

AMENDMENT: Councillor Katris and Councillor Hindi (a) That Council notes the findings and recommendations of the Technical Study - Regional

Aquatic Leisure Centre -Todd Park Site Assessment Review 2021, Prepared by Otium Planning Group Pty Ltd.

(b) That Council notes that Todd Park appears to be a suitable site for the future construction of a Regional Aquatic Facility but Council does stress that it has not been determined that Todd Park will be the chosen site for the Construction of the future Regional Aquatic Facility as yet.

(c) That Council takes no further action to progress any of the next steps in paragraph numbers 51-54 inclusive, that appear on page 93 of the report until Councillors have had an opportunity to review a comparative, comprehensively detailed Technical and Environmental Assessment report for both the Carss Park Site and the Todd Park Site and the Councillors resolve to progress the matter further with one of the sites.

Record of Voting: For the Amendment: Unanimous

On being put to the meeting, voting on this Amendment was UNANIMOUS. The Amendment therefore became the Motion.

RESOLVED: Councillor Katris and Councillor Hindi (a) That Council notes the findings and recommendations of the Technical Study - Regional

Aquatic Leisure Centre -Todd Park Site Assessment Review 2021, Prepared by Otium Planning Group Pty Ltd.

(b) That Council notes that Todd Park appears to be a suitable site for the future construction of a Regional aquatic facility but Council does stress that it has not been determined that Todd Park will be the chosen site for the Construction of the future Regional Aquatic Centre -as yet .

(c) That Council take no further actions to progress any of the next steps paragraph numbers 51-54 inclusive, that appear on page 93 of the report until Councillors have had an opportunity to review a comparative, comprehensively detailed Technical and Environmental Assessment report for both the Carss Park Site and the Todd Park Site and the Councillors resolve to progress the matter further with one of the sites.

Record of Voting: For the Motion: Unanimous


NOTICES OF RESCISSION

NR001-21 Notice of Rescission - NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool (Report by Councillor Elmir, Councillor Grekas and Councillor Tegg)

Note: Councillor Hindi disclosed a Non-Significant Non-Pecuniary interest in this matter. Councillor Hindi remained in the meeting during the discussion and voting on this item.

MOTION: Councillor Elmir and Councillor Grekas That the decision in respect of Item No. NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool from the Ordinary Meeting of Council held on 28 June 2021 be rescinded. The resolution proposed to be rescinded reads as follows:

(a) Based on the resolution of Council which was adopted on 23 November 2020 (NM082-20) in which part (b) indicated that the demolition of the war memorial pool be postponed until Council has considered the feasibility of both Todd Park and Carss Park sites, as a matter of urgency Council officers convene an extraordinary meeting in order for the officers to provide detailed feasibility study comparisons between the Carss Park Pool site and the Todd Park pool site. These comparisons must include the availability of services, the extent of the contamination on both sites, detailed engineer reports and costings amongst other studies as well as traffic reports. The actual reports from the engineers, whether they be geotechnical reports, contamination reports or traffic reports on both sites are to be provided to each Councillor for review.

(b) That the feasibility studies be done on two options on both sites. Record of Voting: For the Motion: The Mayor, Councillor Greene and Councillors Agius, Elmir, Grekas,

Konjarski, Liu and Tegg Against the Motion: Councillors Badalati, Hindi, Kastanias, Katris, Landsberry, Payor,

Symington and Wu On being put to the meeting, voting on this Motion was seven (7) votes FOR and eight (8) votes AGAINST. The Motion was LOST.

Note: Councillor Kastanias left the meeting at 10.29pm and did not return.

NOTICES OF MOTION

NM052-21 Creation of a Register for Heritage Conservation Management Plans (Report by Councillor Payor)

RESOLVED: Councillor Payor and Councillor Badalati That the General Manager prepare a report to Council on the creation of a register for Heritage Conservation Management Plans within the Georges River Local Government area, including the creation of a comprehensive list of all heritage conservation management plans undertaken for local and State heritage items and the costs associated with the creation and ongoing


maintenance of the register. Record of Voting: For the Motion: Unanimous NM056-21 Council Advocacy - Request for Government Funding to Purchase

'Glenlee', 80 Boronia Parade, Lugarno (Report by Councillor Symington)

RESOLVED: Councillor Symington and Councillor Katris (a) That Council write to the Federal Member for Banks, Mr David Coleman MP and the State

Member for Oatley, Mr Mark Coure MP to request their support in obtaining funding so that the owners of 80 Boronia Parade, Lugarno (Glenlee) can be approached by Council to seek to purchase the site for open space and community purposes.

(b) That Council write to local residents to provide them with an update on the status of the site.

Record of Voting: For the Motion: Unanimous NM060-21 Proposed Preparation of an Aboriginal Heritage Study and Management

Strategy for Georges River (Report by Councillor Payor)

RESOLVED: Councillor Payor and Councillor Tegg (a) That Council undertake an Aboriginal Heritage Study and Management Strategy in

conjunction with Metropolitan Local Aboriginal Land Council to support the implementation of Aboriginal heritage legislation in the Georges River Local Government Area;

i. To assist land owners, applicants and developers to understand their risk of harm, their legislative obligations, and to clarify the level of assessment required with any development application for development or potential disturbance;

ii. To inform future Local Environmental Plans (LEP) and Development Control Plans (DCP);

iii. In accordance with Planning Priority 11 of Council’s Local Strategic Planning Statement (LSPS), for Aboriginal and other heritage to be protected and promoted; and

iv. Subject to the identification of a suitable funding source for preparation of the Study, including appropriate grant programs.

(b) That the expert witness assessments of the Aboriginal heritage and Aboriginal cultural heritage (for the area identified by the National Trust of Australia (NSW) as the Lugarno Early Settler Landscape at 80 Boronia Parade, Lugarno) undertaken for the Class 1 appeal proceedings in the NSW Land and Environment Court be utilised to inform the Aboriginal Heritage Study and Management Strategy.

(c) That following completion of the relevant heritage assessments (above) Council consider the inclusion of the area identified by the National Trust of Australia (NSW) as the Lugarno Early Settler Landscape at 80 Boronia Parade, Lugarno in the Schedule of Heritage Items in the Georges River Local Environmental Plan.


(d) That Council acknowledges that the area under threat adjoins a site registered as an Aboriginal Place of extremely high significance, with the NSW Government’s Office of Environment and Heritage.

(e) That Council officers consult with the Metropolitan Local Aboriginal Lands Council while undertaking an Aboriginal Culture and Heritage Assessment for the area identified by the National Trust of Australia (NSW) as the Lugarno Early Settler Landscape (80 Boronia Parade, Lugarno) during of the preparation of expert evidence for the Court appeal.


Note: Councillor Tegg left the meeting at 10.49pm.

COMMITTEE REPORTS


RESOLVED: Councillor Hindi and Councillor Badalati That the Environment and Planning Committee recommendations for Item ENV031-21, as detailed below, be adopted by Council.

ENV031-21 Public Exhibition of Draft Plan of Management and Master Plan for Moore Reserve 2021

(Report by Strategic Planner)

Note: Councillor Tegg disclosed a Pecuniary interest in this matter. Councillor Tegg did not participate in the discussion or voting on this item.

(a) That Council endorse the draft Moore Reserve Plan of Management and Master Plan for public exhibition for a period of no less than 28 days in accordance with Section 38 of the Local Government Act 1993.

(b) That Council notify the draft Plan of Management and Master Plan to the Minister (NSW Department of Planning, Industry and Environment), as land owner of part of the land under Section 39 of the Local Government Act 1993 to obtain owner’s consent prior to public exhibition.

(c) That Council seek written consent from the Minister (NSW Department of Planning, Industry and Environment) to adopt the draft Plan of Management, in accordance with Section 3.23(6) of the Crown Land Management Act 2016.

(d) That Council endorse the proposed changes to the land categorisation and hold a public hearing under Section 40A of the Local Government Act 1993.


Note: Councillor Tegg returned to the meeting at 10.50pm.



RESOLVED: Councillor Hindi and Councillor Badalati That the Environment and Planning Committee recommendations for Item ENV032-21, ENV033-21, ENV034-21 and ENV036-21, as detailed below, be adopted by Council.

ENV032-21 Adoption of Former Oatley Bowling Club Plan of Management and Master Plan 2021

(Report by Strategic Planner) (a) That Council, pursuant to Section 40(2)(b) of the NSW Local Government Act

1993, confirms that the amendments to the Former Oatley Bowling Club and Closed Road Plan of Management do not require re-exhibition of the draft Plans.

(b) That Council adopt the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan as amended in accordance with Section 40 of the Local Government Act 1993.

(c) That Council authorise the General Manager to make minor editorial modifications in the finalisation of the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan.

(d) That all persons who provided a submission during the public exhibition of the Former Oatley Bowling Club and Closed Road Plan of Management and Master Plan be notified of Council’s decision.

ENV033-21 Establishment of Small Waste Items Recycling Station Program (Report by Manager Environment Health & Regulatory Services)

(a) That Council note the outcomes of the trial of the small waste items recycling station in the Georges River Customer Service Centre.

(b) That Council endorse the establishment of the Small Waste Items Recycling Station Program within suitable Council facilities for the collection of CDs/DVDs, household batteries and mobile phones.

ENV034-21 PP2016/0002 - Amended Planning Proposal for the Hurstville

Civic Precinct (Report by Senior Strategic Planner)

(a) That the Georges River Council endorse the Planning Proposal (PP 2016/0002) to amend the Hurstville Local Environmental Plan 2012 (HLEP 2012) (or if gazetted the Georges River Local Environmental Plan) as it applies to the Georges River Council owned site known as the Hurstville Civic Precinct Site, bound by Queens Road, Dora Street, MacMahon Street and Park Road which seeks to: a. Amend the HLEP 2012 Land Zoning Map - Sheet LZN_008A to remove

the ‘Deferred Matter’ and rezone the site to B4 Mixed Use; b. Amend the HLEP 2012 Height of Buildings Map - Sheet HOB_008A to set:

i. a maximum height of 20 metres under the height designation of ‘Q1’ at


the south western portion of the site; ii. a maximum height of 30 metres under the height designation of ‘U’ at

the south western corner of the site; and iii. a maximum height of 60 metres under the height designation of ‘AA’ at

the north eastern portion and south eastern corner of the site. c. Amend the HLEP 2012 Maximum Floor Space Ratio Map - Sheet

FSR_008A to set: i. a maximum FSR of 3:1 under the FSR designation of ‘V’ at the south

western portion of the site; ii. a maximum FSR of 7:1 under the FSR designation of ‘AB’ at the

central/ north eastern portion of the site; and iii. a maximum FSR of 5:1 under the FSR designation of ‘Z’ at the north eastern portion of the site.

d. Amend Schedule 4 of HLEP 2012 to reclassify Lot 13 in DP 6510 and Lot 14 in DP 6510 (i.e. former Baptist Church and adjoining land, known as 4-6 Dora Street) from ‘community’ to ‘operational’ land.

e. Amend HLEP Active Street Frontages Map - Sheet ASF_008A by deleting the red line identifying 4-6 Dora Street (Lot 13 in DP 6510 and Lot 14 in DP 6510) as having active street frontage.

f. Amend HLEP 2012 by including the heritage item (Item I157) listed in Schedule 2 of the HLEP 1994 within Schedule 5 (Environmental heritage) of HLEP 2012 and amend Heritage Map - Sheet HER_008A to identify the same Item on the map.

g. Amend HLEP 2012 by inserting a development standard under Part 6 Additional Local Provision as follows:

6.10 Hurstville Civic Precinct

(1) The objective of this clause is to facilitate the provision of community facilities and public benefits on the Hurstville Civic Precinct site.

(2) This clause applies to land bounded by Queens Road, Park Road, MacMahon Street and Dora Street.

(3) Development consent must not be granted on land to which this clause applies unless the consent authority is satisfied that the development will include: (a) Residential land uses to a maximum of 55% of the total

permissible GFA; and (b) Community uses and facilities to a minimum of 25% of the total

permissible GFA; and (c) Public open space at ground level to a minimum of 50% of the

total site area inclusive of a civic plaza that receives an average of 50% direct sunlight between 11 am and 2pm midwinter; and

(d) Car parking for general public use that is additional to the requirements for all land uses.

(4) For the purposes of this clause, community facilities for Hurstville


Civic Precinct site means Council administrative and civic offices; multipurpose auditorium, library, museum, art gallery, community centre, associated uses such as cafés; a range of recreation, relaxation or study areas; and any other use that Council may consider appropriate to meet the needs of the community.

(b) That Georges River Council forward the Planning Proposal (PP 2016/0002) to the delegate of the Minister for Planning requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

(c) That should a Gateway Determination be issued by Department of Planning, Industry and Environment to permit exhibition of the Planning Proposal, a public hearing take place in accordance with the provisions of the NSW Local Government Act 1993 and the DPIE’s Practice Note PN 16-001 Classification and Reclassification of Public Land through a Local Environmental Plan.

(d) That the Planning Proposal be placed on formal public exhibition in accordance with the conditions of any Gateway Determination issued by the Department of Planning, Industry and Environment.

(e) That prior to the public exhibition of the Planning Proposal as part of any successful Gateway determination, the following documents are prepared by the Proponent in order that they form part of the public exhibition: a. A Civic Precinct Public Amenities and Facilities Strategy. b. A Civic Precinct Public Domain Plan Strategy. c. A Conservation Management Plan (CMP) prepared for the Hurstville City

Museum and Gallery; and d. A revised Traffic Impact Assessment.

(f) That Council resolve to prepare an amendment to the Hurstville DCP No. 2 (which applies to land within the Hurstville City Centre) and exhibit the amendment along with the Planning Proposal in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and its Regulation.

(g) That prior to the exhibition of the amendment to the Hurstville DCP No. 2 the DCP prepared by the Proponent be amended by the Proponent to address the recommendations in this report and the recommendations of the Council Report dated 25 May 2020.

ENV036-21 Voluntary Planning Agreement Offer for 143-149 Boundary Road

and 689 Forest Road, Peakhurst (Report by Executive Strategic Planner)


(a) That consideration of this matter be deferred to ensure it is considered at the same time as Planning Proposal PP2019/0003.

(b) That further information be provided to all Councillors at a workshop on the methodology used to calculate and review the Voluntary Planning Agreement offer.


Record of Voting: For the Motion: Unanimous CCL045-21 Report of the Finance and Governance Committee Meeting held on 12 July

2021 (Report by Executive Services Officer)

RESOLVED: Councillor Badalati and Councillor Katris That the Finance and Governance Committee recommendations for Items FIN033-21 and FIN034-21 as detailed below, be adopted by Council.

FIN033-21 Administrative Matter - Execution of Documents Under Delegated Authority (1 June 2021 to 30 June 2021) (Report by Manager, Office of the General Manager)

That Council note, for the period 1 June 2021 to 30 June 2021, there were six (6) documents executed by the General Manager under delegation.

FIN034-21 Investment Report as at 31 May 2021

(Report by Coordinator, Financial Management) That Council receives and notes the contents of the Investment Report as at 31 May 2021.

Record of Voting: For the Motion: Unanimous CCL046-21 Report of the Assets and Infrastructure Committee Meeting held on 12

July 2021 (Report by Executive Services Officer)

RESOLVED: Councillor Agius and Councillor Symington That the Assets and Infrastructure Committee recommendations for Items ASS024-21, ASS025-21 and ASS046A-21, as detailed below, be adopted by Council.

ASS024-21 Georges River Local Traffic Advisory Committee 6 July 2021 (Report by Coordinator Traffic & Transport)

That the Recommendations contained within the minutes of the Georges River Local Traffic Advisory Committee Meeting held on 6 July 2021 be adopted by Council. ASS025-21 Establishment of a Cultural Burn (Hazard Reduction) and

Bushcare Program for Georges River (Report by Senior Operations Leader – Bushcare)

(a) That Council notes the findings and recommendations of the technical study prepared by Eco Logical Australia, Peakhurst Foreshore Reserve, Lime Kiln Bay Cultural Burn Feasibility.

(b) Council Officers as a matter of urgency, consult with the Koori Country Cultural Fire Aboriginal Corporation with regard to its willingness to be involved in an Culturally Informed Burn at Peakhurst Foreshore Reserve.


(c) Council Officers explore the possibility of developing additional Bushcare partnerships with Tertiary Education Institutions and actively promote the recently developed Bushcare Corporate Volunteer Program (when COVID-19 restrictions permit). That Council Officers continue to seek grant opportunities for the Bushcare and Regeneration Program.

(d) The outcome of both (b) and (c) are to be reported to the October 2021 regular Council Meeting.

ASS046A-21 Mortdale Town Centre Streetscape Upgrade - Contract and

Budget Implications (Report by Manager, Project Delivery)

(a) That the Mortdale Town Centre Streetscape Upgrade (Stages 1 and 2) project budget be increased by $880,000 to $4.88 million as a result of the quotations obtained from the procurement process.

(b) That the funding sources be amended to reflect the additional external grant funding sourced by Council officers for the project (Local Roads and Community Infrastructure (Phase 3) grant funding of $750,000 and the Transport for NSW Stimulus Funding of $130,000).

(c) That the approved budget amendments be reflected in the First Quarterly Budget Review Statement for period ending 30 September 2021.

Record of Voting: For the Motion: Unanimous CCL047-21 Report of the Community and Culture Committee Meeting held on 12 July

2021 (Report by Executive Services Officer)

RESOLVED: Councillor Grekas and Councillor Landsberry That the Community and Culture Committee recommendations for Items COM023-21 to COM026-21, as detailed below, be adopted by Council.

COM023-21 Economic and Social Recovery Program - Quarterly update (Report by Senior Project Officer)

(a) That Council receive and note the attached Economic and Social Recovery Program update for the 2020/21 Quarter 4 reporting period.

(b) That Council notes that reporting on this program will cease after this period as initiatives are funded from the 2020/2021 budget.

(c) That Council commits to ensuring the financial viability of our tenants and partners, by continuing appropriate fee and rental relief consistent with the National Code of Conduct for Commercial Tenancies until the NSW Public Health Order permits reopening to the public.


COM024-21 Quarterly Community Property Report - 1 April to 30 June 2021 (Report by Community Property Officer)

Note: Councillor Grekas disclosed a Non-Significant Non-Pecuniary interest in this matter. Councillor Grekas remained in the meeting during the discussion and voting on this item.

Note: Councillor Landsberry disclosed a Non-Significant Non-Pecuniary interest in this matter. Councillor Landsberry remained in the meeting during the discussion and voting on this item.

That Council receives and notes the Community Property Report for the period 1 April 2021 to 30 June 2021.

COM025-21 T20/010 Contract for After-hours Contact Centre

(Report by Coordinator Customer Experience Development) (a) That Council, in accordance with Section 178 (1) (a) of the Local Government

(General) Regulation 2005 (NSW), accepts the tender from Oracle CMS, for a contract term of two (2) years subject to satisfactory performance with an option to extend for up to a further two (2) years (1 plus 1 years), after having regard to all the circumstances, as the tender that appears to be the most advantageous and appoint Oracle CMS as the principal contractor under the Contract Number T20/010 After-hours Contact Centre.

(b) That the General Manager be authorised to sign the contract with the preferred tenderer on behalf of Council.

(c) That Council inform the unsuccessful tenderers of the resolution. COM026-21 T20/024 Penshurst Park Youth Facility - Operational Management

(Report by Business Improvement Officer) (a) That Council, in accordance with Section 178 (1) (a) of the Local Government

(General) Regulation 2005 (NSW), accepts the Tender from 3Bridges Community Limited, over the term of a three-year lease, after having regard to all the circumstances, as the tender that appears to be the most advantageous and appoint 3Bridges Community Limited as the Principal Contractor under the Contract Number T20/024 Penshurst Park Youth Facility – Operational Management.

(b) That the General Manager be authorised to sign the contracts with the preferred tenderer on behalf of Council.

(c) That Council informs unsuccessful Tenderers of the resolution.



FINANCE- AND GOVERNANCE

CCL048-21 COVID-19: Instrument of Delegation to the Mayor (Emergency Administrative Provisions) - July 2021 Report (Report by Manager, Office of the General Manager)

RESOLVED: Councillor Elmir and Councillor Badalati That Council note the register of actions taken pursuant to the Instrument of Delegation to the Mayor (Emergency Administrative Provisions). Record of Voting: For the Motion: Unanimous

PROCEDURAL MOTION EXTENSION OF TIME RESOLVED: Councillor Elmir and Councillor Hindi That, with the time being 10.56pm, the meeting be extended until 11.30pm. Record of Voting: For the Motion: Unanimous CCL049-21 Performance Improvement Order - Compliance Reporting

(Report by Director, Legal Services and General Counsel) RESOLVED: The Mayor, Councillor Greene and Councillor Badalati (a) That Council note that the first compliance report required under the Minister’s

Performance Improvement Order of 29 June 2021 was provided to the Minister on 5 July 2021 (First Compliance Report).

(b) That the First Compliance Report (Attachment 1) be tabled and made publicly available on the Council’s website.


ASSETS AND INFRASTRUCTURE

CCL050-21 Regional Aquatic Leisure Centre - Todd Park Site Assessment Review 2021 (Otium Planning Group Pty Ltd) (Report by Manager, Project Delivery)

This matter was considered earlier in the meeting, as detailed in these Minutes.

NOTICES OF RESCISSION

NR001-21 Notice of Rescission - NM046-21 Managing Risks to Community Safety - Kogarah War Memorial Pool (Report by Councillor Elmir, Councillor Grekas and Councillor Tegg)



NOTICES OF MOTION

NM051-21 Support for the Criminalisation of Coercive Control in NSW (Report by Councillor Symington)

RESOLVED: Councillor Symington and Councillor Badalati That Council write to the NSW Premier, the Hon Gladys Berejiklian and the Minister for the Prevention of Domestic and Sexual Violence, the Hon Mark Speakman, to request the NSW Government adopt the 23 recommendations made by the NSW Parliamentary Joint Select Committee on Coercive Control relating to reform and criminalisation of coercive control in domestic relationships and urge the NSW Government to allocate the necessary funds to ensure the successful implementation of the recommendations. Record of Voting: For the Motion: Unanimous NM052-21 Creation of a Register for Heritage Conservation Management Plans

(Report by Councillor Payor) This matter was considered earlier in the meeting, as detailed in these Minutes. NM053-21 Female Leaders Call for Pledge of Respect Ahead of Local Government

Elections (Report by Councillor Grekas)

RESOLVED: Councillor Grekas and Councillor Elmir (a) That Council join the Australian Local Government Women’s Association (ALGWA) and

call on all candidates for the upcoming local government elections, to take the following pledge of respect: As a candidate I pledge to:

1. Be respectful to other candidates, Council staff and community members; 2. Where I observe disrespectful behaviour, I will call it out; 3. Adhere to Council’s Code of Conduct as a sign of good faith; and 4. If elected, I will continue to model respect.

(b) That the General Manager distribute the Pledge to all registered candidates and provide an online public register to enable candidates to register their Pledge and enable the community to ascertain which candidates have taken the Pledge of Respect.


NM054-21 Congratulations to the Kogarah Historical Society (Report by Councillor Katris)

RESOLVED: Councillor Katris and the Mayor, Councillor Greene


That Council congratulate the Kogarah Historical Society for 51 years of dedicated service to the preservation of the local history of the Georges River area and thank the Society for its continuing efforts to preserve and record the history of the region. Record of Voting: For the Motion: Unanimous NM055-21 Merv Lynch OAM (Edgbaston) Reserve - Funding for Playground Works

(Report by Councillor Liu) RESOLVED: Councillor Liu and Councillor Elmir That the General Manager pursue further grant funding opportunities to enable the completion of all works including the new playground, picnic shelters, barbeques and related upgrades at Merv Lynch OAM (Edgbaston) Reserve, Beverly Hills in the 2021/2022 financial year. Record of Voting: For the Motion: Unanimous NM056-21 Council Advocacy - Request for Government Funding to Purchase

'Glenlee', 80 Boronia Parade, Lugarno (Report by Councillor Symington)


NM057-21 Virtual Exhibition for 'Our Journeys I Our Stories'

(Report by Councillor Liu) RESOLVED: Councillor Liu and Councillor Elmir That, should the Hurstville Museum and Gallery exhibition “Our Journeys | Our Stories” not proceed in the 2021-22 financial year due to the ongoing NSW Public Health Order restrictions:

a) Content from this exhibition be transformed into a virtual exhibition; and b) The General Manager prepare a report to Council providing the financial implications

and technical requirements for the implementation of a successful virtual exhibition. Record of Voting: For the Motion: Unanimous

Note: Councillor Agius left the meeting at 11.21pm and did not return.

NM058-21 Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill (Report by Councillor Katris)

RESOLVED: Councillor Katris and Councillor Symington That the General Manager write to the Premier of NSW, the Hon Gladys Berejiklian MP and the Treasurer of NSW, the Hon Dominic Perrottet MP to request that the Environmental Planning


and Assessment Amendment (Infrastructure Contributions) Bill 2021 be withdrawn and its consideration be deferred to allow a proper and complete public exhibition process to occur that will enable the community and councils to fully review and assess the proposed financial and administrative implications of the proposed reforms. Record of Voting: For the Motion: Unanimous NM059-21 Proposed Feasibility Study - BMX/Mountain Bike Track in Georges River

(Report by Councillor Grekas) RESOLVED: Councillor Grekas and Councillor Tegg That the General Manager prepare a report on the feasibility of constructing a BMX/mountain bike facility within the local government area to provide additional recreational opportunities for the community and to reduce the incidence of unauthorised bike tracks in Oatley Park and other bushland areas. The report should address (amongst other matters):

a) Preliminary locations suitable for further detailed site assessment; b) Council’s management of existing informal tracks; c) Criteria for establishing a safe, sustainable recreation facility for a broad range of

riders of all ages and abilities; d) Estimated design and construction costs; and e) Funding options and opportunities.

Record of Voting: For the Motion: Unanimous NM060-21 Proposed Preparation of an Aboriginal Heritage Study and Management

Strategy for Georges River (Report by Councillor Payor)

This matter was considered earlier in the meeting, as detailed in these Minutes. PROCEDURAL MOTION EXTENSION OF TIME RESOLVED: Councillor Tegg and Councillor Elmir That, with the time being 11.28pm, the meeting be extended until the conclusion of business. Record of Voting: For the Motion: Unanimous


QUESTIONS WITH NOTICE

QWN030-21 Introduction of Countback Elections for Casual Vacancies in Georges River Local Government Area (Report by Councillor Tegg)

RESOLVED: Councillor Tegg and Councillor Grekas That the information be received and noted. Record of Voting: For the Motion: Unanimous QWN031-21 Georges River Council - Community Outcomes 2017 to 2021

(Report by Councillor Tegg) RESOLVED: Councillor Tegg and Councillor Grekas That the information be received and noted. Record of Voting: For the Motion: Unanimous QWN032-21 Proposed Funding Strategy for a Georges River Regional Aquatic Facility

(Report by Councillor Elmir) RESOLVED: Councillor Elmir and Councillor Konjarski That the information be received and noted. Record of Voting: For the Motion: Unanimous

QWN033-21 Lighting of Parks and Sporting Fields During the COVID-19 Pandemic

(Report by Councillor Katris) RESOLVED: Councillor Katris and Councillor Konjarski That the information be received and noted. Record of Voting: For the Motion: Unanimous

PROCEDURAL MOTION MOVE TO CLOSED SESSION

RESOLVED: Councillor Grekas and Councillor Symington At this stage of the meeting time being 11.37pm the Mayor advised that the meeting would move into a Committee of the Whole to allow consideration of a matter in Closed Session in accordance with Section 10A of the Local Government Act 1993. Accordingly, members of the press and public are excluded from the closed session and access


to the correspondence and reports relating to the items considered during the course of the closed session will be withheld. This action was taken to allow discussion of the following item: That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matter be considered in closed meeting at which the press and public are excluded. CCL049A-21 Property Matter - Edgbaston Road, Beverly Hills

(Report by Head of Strategic Property) That in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matters dealt with in this report be considered in closed Council Meeting at which the press and public are excluded. In accordance with Section 10A(2) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. That in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

That in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public. The Mayor, asked the General Manager if any representations had been received from the public that the item should not be discussed in closed session. The General Manager replied that no representations had been received to the item in closed session Given the current circumstances relating to COVID-19 and with this meeting being held as an online meeting, Council was not able to seek any additional representations from the public. Record of Voting: For the Motion: Unanimous

Note: The meeting moved to Closed Confidential Session at 11.39pm.


CLOSED CONFIDENTIAL SESSION CONSIDERATION OF CONFIDENTIAL RECOMMENDATIONS

CCL049A-21 Property Matter - Edgbaston Road, Beverly Hills (Report by Head of Strategic Property)

RECOMMENDATION: The Mayor, Councillor Greene and Councillor Tegg (a) That Council note the advice of Transport for NSW that it intends to compulsorily acquire

Lots 1 and 2 in DP208878 and Lot 2 in DP533022 Edgbaston Road, Beverly Hills (Council’s car park) should Council not agree to dispose of the site via a private treaty sale to Transport for NSW.

(b) That the General Manager continue to negotiate disposal terms with Transport for NSW consistent with the terms and conditions as previously resolved at the Council meeting held on 22 March 2021(CCL007A-21).

(c) That should the matter proceed by compulsory process, Council consent to a reduced Proposed Acquisition Notice (PAN) period of seven days.

(d) That the General Manager be authorised to sign the Contract for Sale, transfer document, and/or any compulsory acquisition documentation to settle any claim for compensation that Council may receive should the land be compulsory acquired.

(e) That income from the proceeds of any acquisition by Transport for NSW be placed in Council’s Commercial Property Reserve for investment in future income generating commercial property assets.

Record of Voting: For the Recommendation: The Mayor, Councillor Greene, Councillors Badalati, Elmir, Grekas,

Katris, Konjarski, Landsberry, Liu, Payor, Symington, Tegg and Wu.

Against the Recommendation: Councillor Hindi On being put to the meeting, voting on this Recommendation was twelve (12) votes FOR and one (1) vote AGAINST. The Recommendation was CARRIED.

PROCEDURAL MOTION RETURN OPEN SESSION

RESOLVED: Councillor Symington and Councillor Katris That the meeting revert to Open Session. Record of Voting: For the Motion: Unanimous

Note: The meeting returned to Open Session at 11.51pm.


OPEN SESSION CONSIDERATION OF RECOMMENDATIONS FROM CLOSED SESSION

RESOLVED: Councillor Tegg and Councillor Symington That the recommendations from the Closed Session in relation to item CCL049A-21 (Property Matter - Edgbaston Road, Beverly Hills), be received and noted as a resolution of Council without any alteration or amendment thereto. Record of Voting: For the Motion: Unanimous

CONCLUSION The Meeting was closed at 11.53pm.

Chairperson