Agenda of Council Meeting - 14 April 2021 - Business Papers

1

MEETING NOTICE

The Ordinary Meeting of Bayside Council

will be held in the Rockdale Town Hall, Council Chambers, Level 1, 448 Princes Highway, Rockdale

on Wednesday 14 April 2021 at 7:00 pm

AGENDA

1 ACKNOWLEDGEMENT OF COUNTRY

2 OPENING PRAYER

3 APOLOGIES

4 DISCLOSURES OF INTEREST

5 MINUTES OF PREVIOUS MEETINGS

5.1 Minutes of the Council Meeting - 10 March 2021 ............................................. 3

6 MAYORAL MINUTES

6.1 Mayoral Minute - Pagewood Green Stage 2 - 128 Bunnerong Road and 120 Banks Av, Eastgardens - Randwick City Council Submission ................. 22

6.2 Mayoral Minute - Save Yarra Bay Campaign ................................................. 24

6.3 Mayoral Minute - Response to the NSW Flood crisis ..................................... 26

6.4 Mayoral Minute - Remediation of Sandringham Seawall ................................ 27

7 PUBLIC FORUM

Members of the public, who have applied to speak at the meeting, will be invited to address the meeting. Written submissions which are made by members of the public will be provided to Coucnillors prior to the meeting.

Any item the subject of the Public Forum will be brought forward and considered after the conclusion of the speakers for that item.

The meeting will be live streamed to the community via Council’s Facebook page, in accordance with Council’s Code of Meeting Practice.

8 REPORTS

8.1 72 Laycock Street, Bexley North - The Order of AHEPA NSW Inc ................. 28

8.2 Proposed Licence to Rockdale Ilinden Soccer Club Over Brighton Memorial Playing Fields ................................................................................. 54

8.3 Cahill Park Plan of Management.................................................................... 64

8.4 Amendments to Part 4A of Botany Bay Development Control Plan 2013 - Inclusion of Controls for Dual Occupancy ...................................................... 97

8.5 Bexley North and Kingsgrove Precinct - Proposed Traffic Calming .............. 170

8.6 Lorraine Avenue, Bardwell Park - Proposed Traffic Calming ........................ 187

Council Meeting 14/04/2021

2

8.7 Tender - Bexley Town Centre Public Domain Upgrade ................................ 202

8.8 Tender - Security Services ........................................................................... 207

8.9 Tender - SSROC 'Paving the Way' Road Construction Materials & Related Services ......................................................................................... 212

8.10 Tender - SSROC Stationery and Associated Products ................................ 219

8.11 IPART Review of Rate Peg to Include Population Growth - Bayside Council Submission ..................................................................................... 224

8.12 Draft 2018-2022 Delivery Program, 2021-2022 Operational Plan, 2021-2022 Budget, 2021-2022 Fees & Charges + City Projects Program for Public Exhibition .......................................................................................... 251

8.13 M5 East Traffic Management Working Party - Terms of Reference ............. 267

8.14 Bayside Community Grants Program 2020-2021 ......................................... 277

8.15 Councillor Attendance at the Windgap Gala Ball 2021 ................................. 284

8.16 Bay Street, Brighton Le Sands ..................................................................... 290

8.17 Statutory Financial Report - February 2021 ................................................. 292

8.18 Response to Question - Vanston Parade, Sandringham .............................. 298

8.19 Response to Question - Cooks River Alliance.............................................. 299

9 MINUTES OF COMMITTEES

9.1 Minutes of the Sport & Recreation Committee Meeting - 22 February 2021 ............................................................................................................ 300

9.2 Minutes of the Bayside Traffic Committee Meeting - 17 March 2021 ........... 308

9.3 Minutes of the Arncliffe Youth Centre Working Party Meeting - 23 March 2021 ............................................................................................................ 314

10 NOTICES OF MOTION

10.1 Notice of Motion - Stormwater Drainage Across the Bayside LGA ............... 319

10.2 Notice of Motion - Historical Signage for GB Holt Reserve, Carlton ............. 321

10.3 Notice of Motion - 30th Anniversary of Arncliffe Aurora Football Club .......... 323

11 QUESTIONS WITH NOTICE

Meredith Wallace General Manager

Item 5.1 3


Item No 5.1

Subject Minutes of the Council Meeting - 10 March 2021

Report by Michael Mamo, Director City Performance

File SF20/7373

Officer Recommendation That the Minutes of the Council Meeting held on 10 March 2021 be confirmed as a true record of proceedings.

Present

Councillor Joe Awada, Mayor Councillor James Macdonald, Deputy Mayor Councillor Liz Barlow Councillor Christina Curry Councillor Tarek Ibrahim Councillor Petros Kalligas (from 7.28 pm) Councillor Ed McDougall Councillor Scott Morrissey Councillor Michael Nagi Councillor Dorothy Rapisardi Councillor Bill Saravinovski Councillor Paul Sedrak Councillor Andrew Tsounis

Also Present

Meredith Wallace, General Manager Peter Barber, Director City Futures Michael Mamo, Director City Performance Colin Clissold, Director City Presentation Debra Dawson, Director City Life Liz Rog, Acting Manager Governance & Risk Jourdan DiLeo, Manager Property Clare Harley, Manager Strategic Planning Christine Stamper, Communications & Events Lead Taif George, IT Technical Support Officer Anne Suann, Governance Officer

The Mayor opened the meeting in the Council Chambers, Rockdale Town Hall, Level 1, 448 Princes Highway, Rockdale at 7:05 pm. The Mayor informed the meeting, including members of the public, that the meeting is being video recorded and live streamed to the community via Council’s Facebook page, in accordance with Council’s Code of Meeting Practice.


Item 5.1 4

1 Acknowledgement of Country

The Mayor affirmed that Bayside Council respects the traditional custodians of the land, elders past, present and emerging, on which this meeting takes place, and acknowledges the Gadigal and Bidjigal Clans of the Eora Nation.

2 Opening Prayer

Father Vlado Nedeski, Macedonian Orthodox Church of St Petka, Rockdale, opened the meeting in prayer.

3 Apologies

Apologies were received from:

Councillor Ron Bezic

Councillor Vicki Poulos

Councillor Petros Kalligas (anticipated late arrival)

4 Disclosures of Interest

Councillor McDougall has advised that he is not participating in Item 8.5 on the basis that he represents Council as a decision maker on the Sydney Eastern City Planning Panel which will consider this proposal, and stated he would leave the Chamber for consideration and voting on the matter. Councillor Nagi has advised that although he represents Council on the Sydney Eastern City Planning Panel he is participating in Item 8.5, noting that he will declare an interest when the Panel considers this proposal. He will remain in the Chamber for consideration and voting on the matter. Councillor Tsounis has declared a Less than Significant Non-Pecuniary Interest in Item 8.12 on the basis of his former membership of AHEPA, but stated he would remain in the Chamber for consideration and voting on the matter. Councillor Ibrahim declared a Pecuniary Interest in Item 10.9 on the basis that his brother owns property in close proximity to Bay Street, Brighton Le Sands, and stated he would leave the Chamber for consideration and voting on the matter. Councillor Rapisardi declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that she lives in the vicinity of that site, but stated she would remain in the Chamber for consideration and voting on the matter Councillor Rapisardi declared a Less than Significant Non-Pecuniary Interest in Item 10.6 on the basis that whilst she works for the named Member of Parliament to which the Notice of Motion refers, she is not paid directly by him, but stated she would remain in the Chamber for consideration and voting on the matter.


Item 5.1 5

Councillor Rapisardi declared a Less than Significant Non-Pecuniary Interest in Item 10.8 as the person she works for is a founding member of the Botany Historical Trust, but stated she would remain in the Chamber for consideration and voting on the matter. Councillor Saravinovski declared a Less than Significant Non-Pecuniary Interest in Item 8.3 on the basis that he doesn’t feel comfortable in participating in the debate, and stated he would leave the Chamber for consideration and voting on the matter. Councillor Ibrahim declared a Pecuniary Interest in Item 8.3 on the basis that he lives in Rockdale and owns property in Rockdale and Banksia, and stated he would leave the Chamber for consideration and voting on the matter. Councillor Tsounis declared a Pecuniary Interest in Item 8.1 on the basis that he has bought property from HELM in the past, and stated he would leave the Chamber for consideration and voting on the matter. Councillor Kalligas declared a Less than Significant Non-Pecuniary Interest in Item 8.12 on the basis that he is a former member of AHEPA NSW Inc, but stated he would remain in the Chamber for consideration and voting on the matter. Councillor Awada declared a Less than Significant Non-Pecuniary Interest in Item 8.12 on the basis that a family member lives in close proximity to the site, but stated he would remain in the Chamber for consideration and voting on the matter.

5 Minutes of Previous Meetings

5.1 Minutes of the Council Meeting - 10 February 2021 RESOLUTION Minute 2021/044 Resolved on the motion of Councillors Nagi and Tsounis That the Minutes of the Council Meeting held on 10 February 2021 be confirmed as a true record of proceedings.

6 Mayoral Minutes

Nil


Item 5.1 6

Procedural Motion RESOLUTION Minute 2021/045 Resolved on the motion of Councillors Saravinovski and Awada That Standing Orders be suspended in order to deal with Item 10.2 - Notice of Motion - Celebrating Jacky Finlay-Jones prior to Public Forum.

10.2 Notice of Motion - Celebrating Jacky Finlay-Jones The Mayor, Councillor Awada, together with Councillors Saravinovski, Macdonald and Ibrahim presented Jacky Finlay-Jones with a Certificate of Recognition congratulating her on her outstanding achievement and thanking her for her contribution to sport, particularly football, and the Bayside community. RESOLUTION Minute 2021/046 Resolved on the motion of Councillors Saravinovski and Macdonald That Council congratulates local volunteer and resident Jacky Finlay-Jones for achieving life membership to the St George Football Association in acknowledgement of her long serving role as Competition Secretary and as a volunteer in our community.

7 Public Forum

Details associated with the presentations to the Council in relation to items on this agenda can be found in the individual items.

8.1 177 Russell Avenue, Dolls Point - Deed of Variation to Planning Agreement

Councillor Kalligas arrived during discussion of this item at 7.28 pm. Councillor Tsounis had previously declared a Pecuniary Interest, and left the Chamber for consideration of, and voting on, this item. The following person spoke at the meeting:

Matt Campbell from HELM, applicant, speaking for the Officer Recommendation.


Item 5.1 7

RESOLUTION Minute 2021/047 Resolved on the motion of Councillors Barlow and Macdonald 1 That Council delegates authority to the General Manager to make administrative

amendments to the Deed of Variation to the Planning Agreement for 177 Russell Avenue, Dolls Point, if required after conclusion of the exhibition period.

2 That Council delegates authority to the General Manager to execute the Deed of Variation to the previously executed Voluntary Planning Agreement consistent with the information included in this report and attachments.

3 That the General Manager seek the agreement of the proponent to include a

clause in the Deed of Variation that requires plants to be sourced from the Bayside Garden Centre where possible, so that the benefit to The Intellectual Disability Foundation of St George (a partner in Bayside Garden Centre) is not lost as a consequence of the proposed change from Council undertaking the landscape work to the proponent undertaking the landscape work.

Division called by Councillors Barlow and Macdonald For: Councillors Curry, Morrissey, Sedrak, Ibrahim, Nagi, Rapisardi, Kalligas, Saravinovski, Barlow, Macdonald, McDougall and Awada

The Motion was declared carried.

8.3 Bayside Local Housing Strategy - Post Exhibition Report Councillor Saravinovski had previously declared a Less than Significant Non-Pecuniary Interest, and left the Chamber for consideration of, and voting on, this item. Councillor Ibrahim had previously declared a Pecuniary Interest, and left the Chamber for consideration of, and voting on, this item. The following person made a written submission to the meeting:

Gibran Khouri, interested resident, against the Officer Recommendation. RESOLUTION Minute 2021/048 Resolved on the motion of Councillors Tsounis and Awada 1 That Council adopts the draft Bayside Housing Strategy, with the exception of

Action 2, Action 3.6 and Action 4.6. 2 That Council delegates to the General Manager the determination of Actions 2,

3.6 and 4.6 and to update the draft Bayside Housing Strategy if necessary.


Item 5.1 8

3 That Council delegates to the General Manager the submission of the final draft Bayside Housing Strategy to the Department of Planning, Industry and Environment for its review and endorsement.

Division called by Councillors Tsounis and Awada For: Councillors Nagi, Rapisardi, Tsounis, Barlow, Macdonald and Awada Against: Councillors Curry, Morrissey, Kalligas and McDougall Abstained: Councillor Sedrak


8.11 2018-21 Delivery Program & 2020-21 Operational Plan 6 Monthly Progress Report

Garnett Brownbill, interested citizen, was scheduled to speak against the Officer Recommendation. At 7.35 pm three call attempts were made to Mr Brownbill. The first attempt failed to connect. The second attempt failed to answer and went to voicemail. The third attempt failed to connect, went to voicemail and a message was left noting Council was unable to connect him for his registered opportunity to address the meeting. RESOLUTION Minute 2021/049 Resolved on the motion of Councillors Ibrahim and Rapisardi That Council receives and notes the statutory 6 month progress report on Council’s 2018-21 Delivery Program & 2020-21 Operational Plan.

8.12 72 Laycock Street, Bexley North - Order of AHEPA NSW Inc Councillor Tsounis had previously declared a Less than Significant Non-Pecuniary Interest. Councillor Kalligas had previously declared a Less than Significant Non-Pecuniary Interest. Councillor Awada had previously declared a Less than Significant Non-Pecuniary Interest. The following person spoke at the meeting:

Christopher Alexandrou, member of AHEPA NSW Inc, speaking for the Officer Recommendation.

RESOLUTION


Item 5.1 9

Minute 2021/050 Resolved on the motion of Councillors McDougall and Kalligas That this matter be further deferred to be considered by Council during April 2021. Division called by Councillors Nagi and Barlow For: Councillors Curry, Morrissey, Sedrak, Ibrahim, Rapisardi, Kalligas, Saravinovski, McDougall and Awada Against: Councillors Nagi, Barlow and Macdonald Abstained: Councillor Tsounis


8 Reports

Item 8.1 has already been dealt with in Public Forum.

8.2 Options for the Management of the Carpark at 256 Coward Street, Mascot

Councillor Rapisardi had previously declared a Less than Significant Non-Pecuniary Interest. RESOLUTION Minute 2021/051 Resolved on the motion of Councillors Nagi and Ibrahim 1 That Council self-manages and implements paid parking at the carpark to be

provided under a Planning Agreement at 256 Coward Street, Mascot.

2 That Council implements Licence Plate Recognition technology to support self - management of the carpark at 256 Coward Street, Mascot in the monitoring of vehicular movements and demand, run occupancy reports, provide live feeds for parking availability, supports paid parking and to assist in enforcement of overstays and security.

3 That Council endorses for Public Exhibition the proposed Fees and Charges for

the use of the carpark at 256 Coward Street, Mascot as outlined in this report. 4 The Traffic Committee reviews the on-street parking arrangements in the

surrounding area.



Item 5.1 10

8.4 Draft Affordable Housing Tenancy Policy - Outcomes of Community Engagement

RESOLUTION Minute 2021/052 Resolved on the motion of Councillors Tsounis and McDougall 1 That Council adopts the Affordable Housing Program Tenancy Policy as

attached to this report. 2 That an internally restricted Financial Reserve be established in accordance with

the Financial Reserves Policy to receive net rental proceeds from the Affordable Housing Tenancy Program for the specific purpose of future upgrades and maintenance of affordable housing stock, new capital works and acquisition and or leasing of additional affordable housing properties.

8.5 Proposed Amendments to Draft Voluntary Planning Agreement - Post Exhibition Report - 128-150 Bunnerong Road, Pagewood (Meriton - BATA II)

Councillor McDougall had previously advised that he would not be participating in this item as he represents Council as a decision maker on the Sydney Eastern City Planning Panel which will consider this proposal, and left the Chamber for consideration of, and voting on, this item. Councillor Nagi had previously advised that although he represents Council on the Sydney Eastern City Planning Panel he would participate in this item, noting that he will declare an interest when the Panel considers this proposal. RESOLUTION Minute 2021/053 Resolved on the motion of Councillors Barlow and Macdonald 1 That Council notes the outcomes of the exhibition of the amended draft

Voluntary Planning Agreement for 128 and 150 Bunnerong Road, Eastgardens (BATA II) that was exhibited between 16 December 2020 and 7 February 2021.

2 That delegation be granted to the General Manager to make minor

administrative changes, if required, and to execute the amended Voluntary Planning Agreement.

Division called by Councillors Barlow and Macdonald For: Councillors Curry, Morrissey, Sedrak, Ibrahim, Nagi, Rapisardi, Kalligas, Saravinovski, Barlow, Macdonald and Awada Abstained: Councillor Tsounis


Item 5.1 11


8.6 Library Fine Amnesty RESOLUTION Minute 2021/054 Resolved on the motion of Councillors Macdonald and McDougall 1 That Council endorses the implementation of a library fine amnesty from 1 April

until 30 June 2021 whereby outstanding fines are waived if library members return their overdue items in good condition during the amnesty period.

2 That Council endorses the new library model for managing overdue loan items

commencing 1 July 2021.

8.7 Bayside Council and Georges River Council Joint Waste Collections Contract 2023-2038 (10 Years plus 5 Year Optional Extension)

RESOLUTION Minute 2021/055 Resolved on the motion of Councillors Tsounis and Rapisardi

1 That Bayside Council enters into a memorandum of understanding (MoU) with Georges River Council to jointly tender for the relevant provision of waste collection services.

2 That the services tendered for Bayside Council may include domestic and commercial bin collection services.

3 That the General Manager be given delegated authority to sign the Memorandum of Understanding and any associated documentation on behalf of Bayside Council in accordance with information contained in this report.

8.8 Sydney Water - request to join Cooks River Alliance Councillor Rapisardo was absent for the voting on this item. RESOLUTION Minute 2021/056 Resolved on the motion of Councillors Tsounis and Saravinovski 1 That Council endorses the Cooks River Alliance Memorandum of Understanding

with Sydney Water (Attachment A), which permits Sydney Water to become a member.

2 That given the importance of the Cooks River to the health and water quality of


Item 5.1 12

Botany Bay, Council nominate Councillor Barlow as an alternative representative to attend meetings when our current representative is unable to attend. This will ensure that Council has a continuing voice and that our views on what happens upstream of Bayside and in our own area are heard.

8.9 Disclosure of Interest Returns RESOLUTION Minute 2021/057 Resolved on the motion of Councillors Rapisardi and Ibrahim That the information be received and noted.

8.10 Statutory Financial Report - January 2021 RESOLUTION Minute 2021/058 Resolved on the motion of Councillors Nagi and McDougall That the Statutory Financial Report by the Responsible Accounting Officer be received and noted.



9 Minutes of Committees

9.1 Minutes of the Bayside Traffic Committee Meeting - 17 February 2021

RESOLUTION Minute 2021/059 Resolved on the motion of Councillors Rapisardi and McDougall That the Minutes of the Bayside Traffic Committee meeting held on 17 February 2021 be received and the recommendations therein be adopted subject to the inclusion of the following General Business items: Note: Councillor Rapisardi, in her capacity as Chairperson of the Committee, provided the following amendment:


Item 5.1 13

There were 4 items raised in general business as follows:

1 Member for Heffron – as read by his delegate regarding Sutherland and King Street signals.

2 Clr Rapisardi - Flooding along Botany Road near Daphne Street for James Suprain to consider

3 Clr Rapisardi - No Stopping sign along Botany Road near Stephen Road for James Suprain to consider

4 Member for Kogarah – raised by his representative – issues in relation to Preddys Lane, Bexley, adjacent to the Angelo Anestis Aquatic Centre, regarding the narrowness of the corner and parking.

9.2 Minutes of the Botany Historical Trust Meeting - 1 February 2021 Councillors Kalligas and Ibrahim were absent for the voting on this item. RESOLUTION Minute 2021/060 Resolved on the motion of Councillors Nagi and Rapisardi That the Minutes of the Botany Historical Trust meeting held on 1 February 2021 be received and the recommendations therein be adopted.

9.3 Minutes of the Risk & Audit Committee Meeting - 25 February 2021 Councillors Kalligas and Ibrahim were absent for the voting on this item. RESOLUTION Minute 2021/061 Resolved on the motion of Councillors Nagi and Rapisardi That the Minutes of the Risk & Audit Committee meeting held on 25 February 2021 be received and the recommendations therein be adopted.

10 Notices of Motion

10.1 Notice of Motion - Closure of Bus Stops in Sans Souci and Ramsgate

RESOLUTION Minute 2021/062


Item 5.1 14

Resolved on the motion of Councillors McDougall and Saravinovski That Council advises TfNSW of its concerns about the removal of the bus stops in Sans Souci and Ramsgate as they may detrimentally impact our community, particular elderly people who rely on this form of transport and who may be unable to traverse the distance between stops should bus stops be removed.

Item 10.2 has already been dealt with earlier in the meeting.

10.3 Notice of Motion - Acknowledgement of Ramsgate RSL Club Pledge to partner "Soldier On"

RESOLUTION Minute 2021/063 Resolved on the motion of Councillors Saravinovski and McDougall That a letter of acknowledgement be provided to Ramsgate RSL congratulating them on achieving the status as an official Gold Pledge Partner of ‘Soldier On’ and thanking them for their ongoing commitment to veterans and their families.

10.4 Notice of Motion - Saving the Old Botany Police Station RESOLUTION Minute 2021/064 Resolved on the motion of Councillors Morrissey and Curry 1 That Council calls on the State Government as a matter of urgency to have an

Interim Heritage Order placed on the old Botany Police Station located at 1441 Botany Road Botany and listed as a state significant heritage item on the Heritage Register.

2 That Council via the local member, requests Botany Historical Trust to enter

discussions with the State Government to hand care and control of the building over to Council for appropriate use and access by the community for relevant activities.

10.5 Notice of Motion - Expenses and Facilities Policy MOTION Motion moved by Councillors Tsounis and Saravinovski That the General Manager amend the Expenses and Facilities Policy to remove the statement relating to administrative and secretarial support being provided to Councillors, as noted at Part 12.7, dot point 9 where it states “dedicated executive


Item 5.1 15

services in typing of Councillor correspondence and other needs.” Division called by Councillors Tsounis and Barlow For: Councillors Nagi, Tsounis, Barlow and Macdonald Against: Councillors Curry, Morrissey, Sedrak, Ibrahim, Rapisardi, Kalligas, Saravinovski, McDougall and Awada

The Motion was declared lost.

10.6 Notice of Motion - Bayside Traffic Committee Councillor Rapisardi had previously declared a Less than Significant Non-Pecuniary Interest. MOTION Motion moved by Councillors Tsounis and Barlow That Council requests an unreserved, written apology from the Member for Heffron for the inappropriate comments and for his personal written assault on a staff member at the Bayside Traffic Committee on 17 February 2021 to the staff member in question. The Member for Heffron’s written statement which was tabled during discussions of matters of general business was incorrect, unwarranted and clearly out of order. Division called by Councillors Tsounis and Barlow For: Councillors Sedrak, Nagi, Kalligas, Tsounis, Barlow and Macdonald Against: Councillors Curry, Morrissey, Ibrahim, Rapisardi, Saravinovski, McDougall and Awada The Motion was declared lost.

10.7 Notice of Motion - Bexley Flag RESOLUTION Minute 2021/065 Resolved on the motion of Councillors Barlow and Tsounis That the "Bexley flag" or WW1 patriotic flag found at Lydham Hall is framed and appropriately unveiled to the public during this term of Council at the Rockdale Town Hall forecourt.


Item 5.1 16

10.8 Notice of Motion - Australian Mayoral Aviation Council (AMAC) Councillor Rapisardi had previously declared a Less than Significant Non-Pecuniary Interest. RESOLUTION Minute 2021/066 Resolved on the motion of Councillors Tsounis and Barlow 1 That this item be deferred and that membership to AMAC be reviewed through a

GM Briefing Session in April 2021 by inviting the CEO of the Australian Mayoral Aviation Council (AMAC) to provide Councillors with the vision of AMAC.

2 That if the payment of annual fees to the AMAC for the past year has not been

made, it be withheld until a future Council Meeting. Division called by Councillors Tsounis and Barlow For: Councillors Sedrak, Ibrahim, Nagi, Rapisardi, Kalligas, Saravinovski, Tsounis, Barlow, Macdonald and Awada Against: Councillor Morrissey Abstained: Councillors Curry and McDougall


10.9 Notice of Motion - Bay Street, Brighton Le Sands Councillor Ibrahim had previously declared a Pecuniary Interest, and left the Chamber for consideration of, and voting on, this item. RESOLUTION Minute 2021/067 Resolved on the motion of Councillors Saravinovski and McDougall 1 That the General Manager reports back to the April Council Meeting advising

how we can fund off-duty police to conduct foot patrols along Bay Street, Brighton Le Sands and surrounding streets to target anti-social behaviour including car hoons on Friday, Saturday and Sunday nights.

2 That the General Manager enter into discussions with the Local Area

Commander, NSW Police and advise Council at the April meeting on the outcomes.

3 That Council investigates traffic calming and traffic management options along

Bay Street, Brighton Le Sands.


Item 5.1 17

Procedural Motion Minute 2021/068 Resolved on the motion of Councillors Rapisardi and Nagi That the Council Meeting time be extended past 11:00 pm.

10.10 Notice of Motion - Lighting for Scarborough Central, Scarborough Park, and AS Tanner Reserve

RESOLUTION Minute 2021/069 Resolved on the motion of Councillors Saravinovski and McDougall That funding associated with the preparation and lodgement of a development application (DA) for the upgrade to the existing lighting at Scarborough Park and Scarborough Park Central (Kogarah Waratahs home ground) and AS Tanner Reserve and East Scarborough Park (Ramsgate RSL Club) be allocated in the next Quarterly Budget Review.

10.11 Petition – McDonald’s Restaurant, Botany Road, Botany

Councillors Curry and Morrissey tabled a petition with 1,080 signatures from concerned residents regarding a Development Application lodged for a McDonald’s Restaurant on Botany Road, Botany operating 24 hours a day, 7 days a week.

11 Questions With Notice

11.1 Question With Notice – Flooding along Botany Road, Botany, near Daphne Street

Councillor Rapisardi asked the following question: Can the Mayor write to the Minister for Transport regarding flooding along Botany Road near Daphne Street, Botany, as resolved in Item 9.1 - Minutes of the Bayside Traffic Committee Meeting - 17 February 2021.


Item 5.1 18

11.2 Question With Notice – Vanston Parade, Sandringham Councillor Macdonald asked the following question: Can the General Manager provide a briefing session on the outcome of the licence plate recognition trial and provide an update on the progress towards having cameras in Vanston Parade, Sandringham.

11.3 Question With Notice – Flooding of Botany Road, Botany, near Banksia Street

Councillor Morrissey asked the following question: Can Council write to the Roads and Maritime Services to:

ask for an action plan with timelines to address the ongoing flooding on Botany Road near Banksia Street; and

express our concern for the safety of road users in this location when the road is flooded, and

clarify who is responsible for ongoing maintenance and if there is a maintenance schedule to ensure the drains in that location function as designed during periods of rain.

11.4 Question With Notice – Ponds in Sir Joseph Banks Park, Botany - Water Quality

Councillor Morrissey asked the following question: Can Council officers please respond to my Notice of Motion raised at the 9 December 2020 Council Meeting in relation to the water quality and long term solutions for the ponds in Sir Joseph Banks Park, on or before the next Ordinary Council Meeting.

11.5 Question With Notice – Call on the NSW Government to Overturn the New Toll on the M5 East

Councillor Barlow asked the following question: Can you advise how Item 10.8 - Notice of Motion - Call on the NSW Government to Overturn the New Toll on the M5 East considered at the Council Meeting on 10 February 2021 is to be actioned. There are some local residents that are interested who have many ideas, including: A thorough review of toll structures on both the M5 and M8 to minimise tollway

avoidance and consequent congestion in our Town Centre.

A campaign to inform the community that Forest Road and Stoney Creek Road


Item 5.1 19

are designated routes for oversized and dangerous goods carriers. Include a review of NSW government procedures to protect the community and environment from harm from these carriers especially in the event of any accident.

Lobby for a medium to long term dedicated dangerous goods route to replace the Forest and Stoney Creek Road route away from established residences and businesses.

Lobby for an immediate start to the proposed aviation fuel pipeline to supply the new Western Sydney Airport. Currently it is planned to supply the new airport with jet fuel from its 2026 opening by road tanker until a pipeline is commissioned in 2034. Under this scenario a report prepared for the NSW government forecasts up to 41 B-double fuel tankers delivering fuel to the airport by 2033.

Help organise a community wide application for government sponsored noise abatement measures to residents, schools and hospitals along Forest and Stoney Creek Roads.

As per Key Recommendation 1 of Rockdale City Council’s 29 January 2016 comments on the new M5 EIS, seek funding for the improvement of public domain infrastructure amenity at affected town centres at Bexley, Bexley North and Wolli Creek, as an offset to increased traffic congestion in these centres.

Continue meaningful discussions with the NSW government through TfNSW for replacement of shop front parking lost to extended clearway and no stopping zones in February 2020.

11.6 Question With Notice – Bayside Gardening Schedule Councillor Barlow asked the following question: Could a report come to the next Council Meeting in regard to the adverse social media that is aired by the Member for Heffron in regard to Bayside’s Parks and Garden Beds Maintenance Schedule. In particular:

Memorial Park

Botany Golf Course

Swinbourne Street

and any other open space parks and gardens maintained by Council that are coming under criticism.

11.7 Question With Notice – Cooks River Alliance Councillor Curry asked the following question: Can a report be prepared on the number of Cooks River Alliance meetings held in 2020/21 and how many Councillor Tsounis attended.


Item 5.1 20

11.8 Question With Notice - Brighton Baths Athletic Club Councillor Tsounis asked the following questions: Brighton Baths Athletic Club is currently being renovated. 1 Can we be provided with:

a contractor's contractual start date b programmed practical completion date.

2 Is the project on track with the program?

3 Have chattels of the club such as honour boards, photographs, written records

been incorrectly stored and are they now damaged by mould?

4 Has other equipment such as surfboards been incorrectly stored and are they now damaged by mould?

5 Has the Bayside Project Manager been in constant contact with the club's nominated representative?

11.9 Question With Notice - Chapel Street Car Park, Rockdale Councillor Tsounis asked the following questions: The former Chapel Street Car Park, Rockdale now has a new building known as Building 'C’ completed and occupied, and as a condition of consent a number of parking spaces were to be available to the community.

1 Have these parking spaces been dedicated to Council? 2 How many are allocated and are they available on a 24 hour basis? 3 Is there a time limit? 4 If casual parkers exceed the time limit are they fined by Council or charged by

the parking administrator? 5 Why has no signage, including wayfinding, been installed?

The Mayor closed the meeting at 11:06 pm. Councillor Joe Awada Mayor

Meredith Wallace General Manager

Attachments Nil


Item 5.1 21

Item 6.1 22


Item No 6.1

Subject Mayoral Minute - Pagewood Green Stage 2 - 128 Bunnerong Road and 120 Banks Av, Eastgardens - Randwick City Council Submission

File DA-2021/1

Motion

1 That Council acknowledges and thanks Randwick City Council for its submission in relation the current development application for buildings on Lot E, in Stage 2 of Pagewood Green, and agrees to work collaboratively;

2 That the concerns raised in relation to height, bulk, scale, traffic, visual impact, local amenity, open space and other infrastructure, and any further studies produced by Randwick City Council, be acknowledged and referred for consideration in the assessment process;

3 That Randwick City Council be advised that the determining authority for this development application is the Sydney Eastern City Planning Panel, and that the matter is now the subject of an appeal in the Land and Environment Court, for which the Court will determine the process and timeframe moving forward.

Mayoral Minute At its meeting of 23 February 2021, Randwick City Council (RCC) considered a Mayoral Minute and Notice of Motion expressing deep concerns about the Pagewood Green Development being undertaken by Meriton. RCC is particularly concerned about the impacts that development will have on its residents and infrastructure, given that the site is located close to their local government area boundary. Concerns have been raised by RCC in relation to the first development application for buildings in Stage 2, being two towers of 16 and 17 storeys containing 383 apartments and retail space. Specifically, height, bulk, scale, traffic, visual impact, local amenity, and increased pressure on open space and other infrastructure were raised. RCC resolved to commission a study on the impact of the development on traffic and infrastructure. RCC has also written to the Minister for Planning and the Minister for Transport and Roads requesting that they stop the development until further investigation on infrastructure capacity if undertaken. The Mayor of RCC has written to me seeking a cooperative working partnership with Bayside on this development and asked that Council halt the progress of the current application until the study commissioned by RCC is completed and discussed. I understand and appreciate the concerns of RCC. The Sydney Eastern City Planning Panel is the determining authority for the current development application and the applicant has lodged an appeal in the Land and Environment Court on the grounds of deemed refusal. From this point in the process, the Panel will be providing instructions to Bayside’s legal


Item 6.1 23

representatives on how to proceed with the appeal, and the timetable for the progression of the matter will be set by the Court. There is no mechanism available for Council to halt the assessment of the application. So although Council has very little influence over the process at this stage, the wait list for appeals is currently lengthy, and it is unlikely that the matter will proceed to mediation or hearing for a number of months. This will allow time for RCC to have its study completed and for the findings to be taken into account in preparation for the proceedings. It is important to note that the site was the subject of a planning proposal several years ago, and more recently a concept development application. During these processes building envelopes, floor space, parking, traffic, infrastructure, community benefits, and other key aspects were assessed and established. RCC took the opportunity to make submissions at both planning proposal and concept development application stage. The parameters for the assessment of the current development application have largely been determined through these earlier processes.

Attachments Nil

Item 6.2 24


Item No 6.2

Subject Mayoral Minute - Save Yarra Bay Campaign

File SF20/540

Motion 1 That Council writes to the Planning Minister, the Hon Rob Stokes thanking him for his

support for “Save Yarra Bay” and renewing interest in a cruise ship terminal at Garden Island.

2 That Council writes to the NSW Premier and the NSW Minister for Roads and

Transport reiterating “No Cruise ships in Botany Bay” and encouraging renewed interest in Garden Island site as the better alternative for a new cruise ship terminal.

Mayoral Minute Councillors will recall the Randwick and Bayside very strong campaign “No Cruise Ships in Botany Bay” in late 2019. So it was very encouraging to read the Sydney Morning Herald article of Wednesday 24 March 2021, whereby New South Wales Planning Minister, the Hon Rob Stokes, voiced similar concerns for Yarra Bay. Mr Stokes strongly advocated Garden Island as the most logical place for a new terminal. It is good news that someone from the NSW Government is finally listening to what Council and residents have been saying all along. We worked closely with our neighbour Randwick Council, on a strong media campaign involving signage on our garbage trucks, as well as posting messages on local billboards and banners in strategic locations. We even printed bumper stickers for residents. We wanted to send a very clear message to the State Government that we do not want cruise ships in Botany Bay. I am so pleased that the message is finally getting through. As locals, we know a cruise ship terminal in Yarra Bay would be an environmental disaster for established marine life and ecosystems that precariously balance amongst the industrial activities in and out of the Port. It would bring further detrimental damage to our beaches and further calamity to the jammed road network around Port Botany. The cruise ship industry also deserves better. This industry has been devastated by the global health pandemic. With positive outcomes emerging from the world-wide vaccination programs, a time will come when cruise ships once again bring valuable tourism dollars to our city. Imagine the added draw-card of more ships arriving into Sydney Harbour, alongside our world famous icons, the Sydney Opera House and the Sydney Harbour Bridge. I cannot think of a better location to bring international tourists into Sydney than Garden Island, in the centre of our world-renowned harbour. I agree with Minister Stokes that a logical decision must be made. I once again call on the NSW Government to cease all plans for a cruise ship terminal for Yarra Bay with Garden Island to be pursued as the better and more logical site.


Item 6.2 25

Attachments Nil

Item 6.3 26


Item No 6.3

Subject Mayoral Minute - Response to the NSW Flood crisis

File F08/922.002

Motion That Council donates $5,000 on behalf of our community to GIVIT as a financial donation to the NSW Flood Appeal.

Mayoral Minute The recent torrential rains have had a devastating effect with major flooding experienced in towns and suburbs throughout Sydney and regional New South Wales in this ‘once in 50 years’ flood event. The NSW Government has previously partnered with @GIVIT_AUS to manage financial donations with 100% of donated money received being used to purchase essential items and services needed by those most impacted. I am advised that these are the most significant floods in decades. The floods stretched over 600 kilometres between Sydney and the Northern Rivers, a scale we have not previously experienced. On Wednesday 24 March 2021, the Bureau of Meteorology had issued flood warnings for 33 rivers. Tens of thousands of residents were evacuated from their homes. There was loss of buildings, personal belongings, livestock as well as the tragic loss of life. While the clean-up has started for many residents, farms and businesses, this is a disaster that will be felt for many years to come. Council acknowledges the hard work of our first responders and volunteers in times of emergency. We thank them for their tireless work and for providing the support needed for those whose lives are impacted by disaster. I am very proud of our Council and our local community. We are always ready to generously support those less fortunate during difficult times. The GIVIT charity organisation is committed to providing funds and items to a variety of causes, including flood affected areas. The GIVIT organisation ensures funds are targeted in accordance to the donors’ directions. I move that Council donates $5,000 to GIVIT to be specifically donated to the New South Wales flood recovery.

Attachments Nil

Item 6.4 27


Item No 6.4

Subject Mayoral Minute - Remediation of Sandringham Seawall

File SF19/8604

Motion That as a matter of urgency, Council writes to the NSW Premier, the Minister for Planning and Public Spaces and the Minister for Transport to seek funding to extensively remediate or rebuild the seawall at Sandringham, which has collapsed in parts and is now closed to pedestrians.

Mayoral Minute Bayside is home to a long stretch of beachfront in Sydney, the beautiful Lady Robinson’s Beach on the shores of Botany Bay. This is a family-friendly and culturally inclusive beach, attracting visitors from across the greater Sydney metropolitan area and beyond. The beach also has cultural significance to our First Nations people and I am very proud that the Aboriginal flag now flies proudly on the beachfront at Ramsgate. Sand erosion is an ongoing issue along our beachfront. Our seawalls were built in the 1930s as part of the extensive civil works projects of the depression years. One such wall, along Lady Robinson’s Beach, Sandringham, has suffered greatly from sand erosion to the point that the toe of the seawall is now exposed, the wall is unstable and, since the recent heavy rainfall, the pathway above the seawall has collapsed in parts and is now closed to pedestrians. Council has identified the need for protection works along the seawall at Sandringham, with the overall project costs in the order of $2 million. These costs would include seawall toe protection measures combined with beach nourishment programs to inhibit further erosion. Erosion and protection of the foreshore is a shared responsibility between local and state government, with the activity below the tideline being within the jurisdiction of the NSW Government. Our remediation actions in the past and our ongoing maintenance are no longer able to sustain the beachfront and repairs are required now. We must invest in further mitigation and remedial measures to ensure the future of our beachfront is available for all to enjoy for many years to come. I move that Council writes to the NSW Government seeking funding to remediate the seawall.

Attachments Nil

Item 8.1 28


Item No 8.1

Subject 72 Laycock Street, Bexley North - The Order of AHEPA NSW Inc


File F19/901

Summary

Background The purpose of this report is to determine Council’s position with the proposed leasing and use of 72 Laycock Street, Bexley North. Council and the Order of AHEPA NSW Inc (AHEPA NSW) are each contractually bound by the 2016 Deed of Preliminary Agreement (2016 Deed). The 2016 Deed requires both Council and AHEPA NSW to use all reasonable endeavours to reach agreement as soon as practicable in relation to all relevant matters and promptly sign the final tenure documents. On 8 September 2020, Administrators were appointed to AHEPA NSW. At that point, Council became aware that AHEPA NSW were unable to finalise the draft tenure documents as the membership was divided regarding the proposed Bowling Club Project. On 25 September 2020, following significant delays in finalising the draft tenure documents, Council served upon the Administrators a Default Notice, requiring rectification of the default. At the Council meeting on 11 November 2020, a report was considered recommending the 2016 Deed be terminated. Council resolved to defer consideration until March 2021 and notify the administrators of Councils desire to reach a mutually beneficial outcome with AHEPA NSW. Based on legal advice received by Council, the Council resolution at the November 2020 meeting, effectively forfeited the current breach and in essence reinstated the contractual effectiveness of the 2016 deed. As such, this has required both parties to negotiate in good faith to reach an agreed position for final consideration by Council. Subsequently, at the Council meeting 10 March 2021, Council resolved to further defer the matter to the April 2021 Council meeting. Since then, Council Officers have engaged with AHEPA NSW regarding the progression of the tenure documentation and negotiating an amended proposal.

Recommendation Summary Based on the negotiations to date, this report recommends the execution of the Agreement for Lease with AHEPA NSW based on the key terms and conditions set out in this report, subject to the following outstanding conditions being agreed between both parties:


Item 8.1 29

a) the Works Performance Security (Unconditional Bank Guarantee issued by an approved Australian Deposit Taking Institution) being the greater amount of $1.5 million (plus GST) or the value of Council Quantity Survey (QS) Assessment (plus GST)

b) submission of a compliant scope of works, noting the amended proposal is still subject to an independent Development assessment process.

Alternate Option, Not Recommended in This Report Council is able to issue a new Default Notice in accordance with the provisions of the 2016 Deed, should the elected Council choose not to accept the amended draft proposal submitted by AHEPA NSW (dated March 2021 and attached to this report) or any of the other draft terms and conditions issued by Council and outlined in this report. If AHEPA NSW were to fail to comply with that new Default Notice within 14 days, Council would then be entitled to terminate the 2016 Deed.

Current Position Council has received minutes from the AHEPA NSW Committee of Management Meetings in January 2021 and March 2021 authorising the preparation of an amended proposal, concept design and as well as a list of names AHEPA NSW authorise to negotiate tenure documentation and discuss the project with Council.

Financial Assessment Council has commissioned an independent financial viability assessment for AHEPA NSW. At the time of finalising this report, this assessment had not been finalised as they were awaiting further information to be provided by AHEPA NSW. However, Council has been provided via the legal representatives for AHEPA NSW, a copy of the AHEPA NSW audited financial statements for the period ended 30 June 2020 (provided as a confidential attachment to this report). It is noted, that based on a preliminary review of these audited financial statements, there are indications that AHEPA NSW currently hold minimal liquid assets with the majority of the equity in the organisation being held in non-current assets pertaining to land and building holdings. In addition to this, the audit opinion on the financial statements, has raised an ‘emphasis of matter – going concern basis of accounting’. This relates to the disclosure in the financial statements regarding a significant material uncertainty as to whether the entity can continue as a going concern and therefore whether it will be able to realise its assets and extinguish liabilities in the normal course of business. The audit opinion further indicates that the ability of the entity to continue as a going concern is dependent upon it being successful in:

1. Generating sufficient cash surpluses from operations

2. Meeting the requirements of the bank’s annual review, and

3. The potential development realisation of the Princes Highway properties. It is further explained in the audit opinion that the potential proceeds from the Princes Highway properties and other resources are to be used to fund the proposed development plans at the Bexley Bowling Club.


Item 8.1 30

As such, given the level of uncertainty with regard to the financial stability of AHEPA NSW and other associated risks with the project commitments being fulfilled in their entirety, it is strongly recommended that Council requires the Works Performance Security, by way of an unconditional bank guarantee be no less than the greater of $1.5 million (plus GST) or the value of Council’s Quantity Survey assessment (plus GST). An amount lower than this would present a financial risk which any prudent Council should not accept.

Legal Advice Since September 2020 Council has sought considerable legal advice relating to its engagement with AHEPA NSW. Advice has been received regarding the AHEPA NSW Constitution, Structure, and Performance of the 2016 Deed, tender compliance and tenure documentation. The legal advice received (included as a confidential attachment to this report), confirms that Council and AHEPA NSW are still contractually bound by the 2016 Deed. The 2016 Deed requires both parties to use all reasonable endeavours to reach agreement as soon as practicable in relation to all matters and promptly sign the final documents. The advice also confirmed the status of Councils ability to issue the 2020 Default Notice (on 25 September 2020) and entitlement to terminate the 2016 Deed at that time. However, as Council resolved in November 2020 to defer consideration until March 2021 then further to April 2021, it also confirms that the September 2020 default cannot be relied upon. The advice also refers to the fact that the Agreement for Licence and Lease documents are consistent with AHEPA’s Tender. The amended proposal (as recommended) does not substantially alter the original tender, the Order of AHEPA NSW 2016 Tender and AHEPA NSW obligations under the 2016 Deed entered into as a result of the original tender

Officer Recommendation

1. That attachment 3 to this report be withheld from the press and public as it is confidential for the following reason:

With reference to Section 10(A) (2) (g) of the Local Government Act 1993, the attachment relates to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. It is considered that if the matter were discussed in an open Council Meeting it would, on balance, be contrary to the public interest due to the issue it deals with.

2. That attachments 4 and 5 to this report be withheld from the press and public as they are confidential for the following reason:

With reference to Section 10(A) (2) (d)(i) of the Local Government Act 1993, the attachments relate to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. It is considered that if the matter were discussed in an open Council Meeting it would, on balance, be contrary to the public interest due to the issue they deal with.

3. That this report be received and noted.

4. That, notwithstanding Council's acceptance of AHEPA NSW 2016 Tender and AHEPA NSW obligations under the 2016 Deed of Preliminary Agreement, Council provides in-principle support for the amended proposal submitted by AHEPA NSW and enters into an Agreement for Lease (AFL) based on the agreed key terms and conditions set out in


Item 8.1 31

this report and subject to agreement on the following conditions:

a. the Works Performance Security being the greater amount of $1.5 million (plus GST) or the value of the Council Quantity Survey (QS) Assessment (plus GST)

b. submission of a compliant scope of works, noting the amended proposal is still subject to an independent Development Assessment process;

5. That Council note and endorse the minimum terms outlined in the report.

6. That Council requires the Agreement for Lease with AHEPA NSW to be executed by AHEPA NSW within 14 days of the date of issue.

7. That the General Manager be authorised to execute the Agreement for Lease and all associated documents.

8. That, should AHEPA NSW not execute the Agreement for Lease as submitted by Council within 14 days of the date of issue, Council recognises that this will be a breach of the Preliminary Deed of Agreement and endorses for that breach to be appropriately actioned including termination of the Preliminary Deed;.

9. That, in the event of termination, Council authorises the calling of fresh tenders for the site.

Background Council owns the property situated at 72 Laycock Street, Bexley North (the Site), which was formerly occupied by the Bexley Bowling and Recreation Club by way of a licence agreement. In early 2016 the former Rockdale City Council conducted a tender process for the Site. The tender sought proposals from community organisations to undertake rehabilitation/capital works to the Site and to subsequently enter into a lease. At the conclusion of the tender, the former Rockdale City Council resolved to accept the tender submitted by AHEPA NSW at their meeting of 20 April 2016.

Site Description The site comprises 11 allotments and is located at the south-eastern corner of the intersection of Laycock Street and Edwards Street and also has frontage to Oliver Street, Bexley North. The site is irregular in shape and has an area of 7,231.6m2.


Item 8.1 32

Subject site (outlined in red) identified on an aerial photograph

Existing club building viewed from Laycock St looking south-east

The site is zoned RE1 Public Recreation and is surrounded by land zoned R2 Low Density Residential, other than the park opposite in Edwards Street which has the same zoning as the subject site. The site has no FSR or height control, but is surrounded by land with an FSR control of 0.5:1 and a height control of 8.5m. The site is partially designated as being in a Flood Planning area and is classified as Community Land under the Local Government Act 1993.


Item 8.1 33

In relation to the RE1 Public Recreation zoning, Rockdale LEP 2011 provides as follows:

1 Objectives of Zone:

• To enable land to be used for public open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

2 Permitted Without Consent:

Environmental protection works

3 Permitted With Consent:

Aquaculture; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres; Roads; Signage; Water storage facilities

Current Position

Constitution/Structure: In November 2018, the members of AHEPA NSW adopted a new Constitution - v2018. In accordance with the constitution the members passed a resolution authorising AHEPA NSW to proceed with the Bowling Club Project. Legal proceedings then began in 2020 regarding the validity of the Constitution and whether the current executive hold office. In December 2020 Court ordered a stay in proceedings. In August 2020, the Court found that 127 members who voted at the November 2018 meeting were not entitled to vote. In November 2020, the Court held that the November 2018 meeting was invalid. If this is upheld, the 2018 Constitution is invalid and the pre-November 2018 Constitution (2010 Version) will apply. In December 2020, the Court reserved further judgment and ordered a stay for the November 2020 findings. Whilst this stay remains in effect, the 2018 Constitution applies (with the members having already approved the project to proceed) and the current Committee of Management being authorised to bind AHEPA NSW. Once the tenure documentation is executed, being legally binding agreements Council is protected should the 2018 Constitution be invalid. If an injunction is initiated restraining


Item 8.1 34

AHEPA NSW from spending funds on the project, Council will be covered by the Works Performance Security. Council have received minutes from Committee of Management Meetings in January 2021 and March 2021 authorising the preparation of an amended proposal, concept design as well as a list of names AHEPA NSW authorise to negotiate tenure documentation and discuss the project with Council. Pending the outcome of a Corporate Scorecard Assessment, Council requested and received in March 2021 audit Financial Statements for the year ended 20 June 2020. The audited report as attached draws emphasis of matter – going concern basis of accounting. The report notes significant material uncertainty whether the organisation can continue as a going concern and therefore whether it will realise its assets and extinguish its liabilities in the normal course of business and at amounts stated in the audited report.

Negotiation/Tenure Documentation: Council and AHEPA NSW are still contractually bound by the 2016 Deed. The 2016 Deed requires both parties to use all reasonable endeavours to reach agreement as soon as practicable in relation to all relevant matters and execute the required documentation. Council issued to AHEPA NSW in February 2020 the initial draft AFL and draft Lease which were consistent with AHEPA NSW tender and certain agreed terms and conditions. Between February and September 2020 no meaningful response was received from AHEPA NSW nor had they provided requested information to the Regional Planning Panel in relation to the DA for the proposed development works for the site. Council therefore regarded AHEPA NSW failure to finalise the AFL as a breach of the 2016 Deed and issued on 25 September 2020 a Default Notice requiring AHEPA NSW to rectify its default by negotiating and signing the AFL within 14 days. AHEPA NSW did not dispute the Default Notice and ultimately failed to comply with the Notice. At the time of issuing the Default Notice AHEPA NSW was in administration and the Administrator identified that the membership were divided regarding the bowling club development. Council was then entitled to terminate the 2016 Deed. However, at its meeting of 11 November 2020 Council considered a report on the matter and resolved to defer consideration of the recommendation to terminate the 2016 Deed until March 2021. Then at Council meeting 10 March 2021 Council resolved to further defer the matter to April 2021 Council meeting. Also, in December 2020 a Deed of Company Arrangement was entered into between AHEPA NSW and the Administrators effectively facilitating a return to control for AHEPA NSW Committee of Management. Council received a copy of the DOCA and it is attached for reference.


Item 8.1 35

In early January 2021 AHEPA NSW legal representative advised Council that AHEPA NSW is now in a position to resume discussions with Council regarding draft documents. Council subsequently received the documents on 3rd of March 2021 and immediately commenced full review. A timeline was established and agreed between Council and representatives AHEPA NSW authorised to negotiate the amended proposal and tenure documentation.

Amended Proposal The original proposal included refurbishment of the existing club premises, retention of one bowling green, creation of off street parking and a proposed multipurpose facility as part of a stage 2 development. The below depicts the current site configuration:

The amended proposal now includes the below. Some works will be subject to Development Application (DA) (amended proposal attached):

Quadrant 1:

- Refurbish existing building to achieve ‘Fit for Purpose’ compliance;

- Design is proposed to incorporate community space - café, bar area, seating area, facility rooms and an Auditorium/Function room for approximately 250 people;


Item 8.1 36

- Provide an external terrace over the existing outdoor concrete area, partly covered with disabled access directly from Laycock Street, also providing from disability access to the building;

- Repair the first floor of the building for office and meeting room.

Quadrant 2:

- Convert the previously used Bowling Green directly in front of the building to an outdoor entertaining area which will include seating and tables for patrons, partly covered shade, with a new children’s play area on the North West corner of the quadrant;

- The perimeter of this area along Laycock Street and Edward Street to be landscaped appropriately to achieve visual and privacy outcomes.

Quadrant 3:

- Reconstruct the previously used bowling green surface to provide a parking area to accommodate approximately 50 off street parking spaces;

- Construct a new driveway off Edward Street, opposite Gilchrist Park;

- Repair and reconstruct the perimeter damaged masonry wall and install all necessary services.

- the Order of AHEPA NSW Inc. have indicated that this area may require further amendment once relevant compliance checks are finalised in relation to the required minimum car spaces required.

Quadrant 4:

- Repair the damaged services in this quadrant including water retention tanks and associated systems;

- Establish four lane bowling green;

- Resurface the quadrant - possibly artificial grass;

- Retain the existing concrete ramp adjacent to the side boundary of the house at 71 Oliver Street;

- Provide landscaped treatment the inner boundary of the ramp separating it from the newly created bowling green;

- Utilise the remaining area adjacent to the eastern side of the club building to provide new infrastructure which may be required;

- Provide an auxiliary outdoor space for the Auditorium with some seating, BBQ facilities and disabled access from the parking area of Quadrant 3 to the Auditorium and the club building;

- The proposal for Quadrant 4 may also require amendment should additional off street car parking be required.


Item 8.1 37

Key changes from the last amended proposal from the Order of AHEPA NSW Inc. in 2016 include:

- removing the full size bowling green from Quadrant 2 and proposing to establish and outdoor entertaining area;

- The concept of stage 2 development to develop for multipurpose hall has been removed. This area is now proposed as four lane bowling green and additional outdoor space.

The below depicts the amended site proposal:

Tenure Documentation Negotiation: Council issued to AHEPA NSW in February 2020 the initial draft AFL and Lease which were consistent with AHEPA NSW original tender and certain agreed terms and conditions including commercial terms. From that date to March 2021 no discussion on tenure documentation took place. Since March 2021 there has been significant negotiation on commercial terms, with the majority of key terms being agreed. Council has sought to ensure appropriate performances and provisions are in place to contractually tie AHEPA NSW to deliver the project in sufficient time and protect Council from any further delays.


Item 8.1 38

The Works Performance Security amount remains the only outstanding item both parties have not been able to reach agreement on. It is strongly recommeneded that Council requires the Work Performance Security to be in the form an unconditional bank guarantee with an approved Australian Deposit Taking Institution, with the value to be the greater of $1.5 million (plus GST) or as determined by Council’s QS assessment (plus GST). This security to be structured in a way to facilitate the progressive release of security as works are completed and approved on the site. Council require this amount to protect from any failures by AHEPA NSW meeting the required project outcomes. As part of the negotiation process, AHEPA NSW has indicated they are willing to provide a $1 million unconditional bank guarantee. This amount is not considered sufficient given some of the inherent financial risks to Council as the amount is less than the estimated minimum value of the total works. Meaning should AHEPA NSW default during the project, Council could potentially be left to fund the shortfall. The following table depicts the key terms of the AFL and Lease – AHEPA NSW Legal sign off letter attached:

Proposed Condition

Council Position AHEPA NSW Position

Term 21 years from commencement of Works Licence.

Licence commences within one month of the AFL - total 21 years as approved by minister and accepted under tender. - 21-year occupancy total.

Annual rental to also commence at AFL execution.

Agreed

Rental $500 per week, $26,000 pa

2 years’ rental arrears upfront payment upon execution of the AFL.

No CPI adjustment - term to commence upon execution of the AFL.

If AFL is rescinded the amount is to be refunded.

Agreed

Annual rental adjustment mechanism

CPI start date at execution of AFL. Agreed

Market Rent Review

5 years from commencement of lease and disregard lessee improvements.

Appropriate market review mechanisms to be implemented.

Agreed


Item 8.1 39

Proposed Condition


Bond Equivalent to 6 months Agreed

Responsibility for utilities

Water, gas. Electricity - 100% AHEPA NSW Agreed

Responsibility for outgoings

Council rates, land tax - 100% AHEPA NSW Agreed

Responsibility for Structural Repair

100% AHEPA NSW Agreed

DA Works and Non DA Works

Non DA works may include the removal of fixtures and fittings and other miscellaneous works.

AHEPA NSW will submit a DA principally agreed by Council which will be subject to the approval of the Consent Authority. If for any reason DA consent is not granted then AFL cannot be performed by either AHEPA NSW or the Council, all efforts will be made to negotiate an amended proposal in an effort to obtain DA consent. In event that all efforts fail there is a mechanism for both parties to terminate the AFL.

Agreed

Scope of Works Within 20 days of executing the AFL AHEPA NSW must provide to Council proposed detailed scope. This includes Non DA Works and works requiring DA.

AHEPA NSW to ensure the submitted scope complies with all relevant legislation and regulations i.e. parking.

Agreed

Works Start date

Commence works within 1 month of commencement of the Works Licence.

Agreed

Non DA Works Completion

Works not requiring a DA must be completed within 18 months from commencement of the Works Licence.

Agreed

Lodgement of DA

AHEPA NSW must lodge DA within 2 months of Council agreement of proposed DA Works

Agreed

Sunset Provision

AHEPA NSW must use all reasonable endeavours to obtain Development Consent as soon as practicable (including appeal to Court

Agreed


Item 8.1 40

Proposed Condition


against any refusal of consent) but the sunset date is set at 15 months from lodgement or such later date as determined by the Council in absolute discretion its having regard to any delay which AHEPA NSW considers was caused by any matter beyond AHEPA NSW control - claim to be submitted within 14 days.

Construction Certificate

AHEPA NSW must apply for CC within 3 months of obtaining development consent, commence the approved DA Works within 3 month from the date of the CC and complete such works within 18 months.

Agreed

Rental Arrears 2 years’ rental arrears agreed to be paid on execution of AFL - refunded if AFL is rescinded.

Agreed

Minimum Works Amount

Greater of $1.5m ex GST or as determined by Council's QS any short fall will be paid to council in the form of additional rental. I.e. if only $1.3m is spent as part of the upgrade works then $200,000 will be paid as additional rental.

Agreed

Works Performance Security Amount (unconditional bank guarantee with an approved Australian Deposit Taking Institution)

Greater of $1.5 million ex GST or as determined by Council’s QS with progressive release on completion of works.

Not Agreed

AHEPA NSW claim the request for a Security Amount (Bank guarantee) of $1.5m (plus GST) is excessive. In circumstances where AHEPA NSW will be renovating an existing building (and also providing new parking facilities) the risk of AHEPA NSW causing damage as a result of unfinished renovation work cannot possibly exceed $500K. For the sake of finalising the AFL AHEPA NSW remains committed to providing a Bank guarantee of $1m.

Update to Plan of Management

Council to progress Plan of Management amendment concurrently to works/DA process. Commencement of Lease subject to POM amendment.

Agreed


Item 8.1 41

Plan of Management: The current Plan of Management (POM) for the site was adopted in 2017. The POM was triggered by the original 2016 proposal. The POM sought to re-categorise the site from Sports Ground to Sports Ground and General Community. The categorisation ties to lot parcels (approximately 11 parcels split almost evenly across the four (4) quadrants). The POM is clear on Quadrant 2 being categorised as sportsground and Quadrants 1, 3 and 4 being categorised as community use. As Quadrant 2 is now being proposed as an outdoor entertaining area, with a small children’s playground, the issue arises regarding the current sportsground classification. An amendment to the POM would now be required to facilitate what has now been proposed AHEPA NSW.

Tender Compliance: Council Officers have undertaken a detailed assessment of the original 2015/2016 proposal, subsequent amendments in 2016 and now updated proposal in 2021. Council also sought extensive legal advice from HWLE regarding tender compliance – attached. Advice centres on the fact that the 2016 Deed requires both parties to use all reasonable endeavours to reach agreement as soon as practicable in relation to all relevant matters and promptly execute the tenure documentation. Further negotiations between Council and AHEPA NSW regarding amendments to proposed designs and inconsistences are not precluded by the Tender process. AHEPA NSW original proposals from 2015/2016 contemplated: - Refurbishment and repair the existing Building and infrastructure in Quadrant 1 to

achieve compliance with relevant Australian standards applicable for the intended use of the building.

AHEPA NSW have now indicated the building footprint will not be extended. An outdoor terrace with at grade access from Laycock St is proposed. The first floor of the existing dwelling will be refurbished and converted into office and meeting space. The ground floor will be split between beverage and dining area as well as function room/community space.

- Retain and maintain the existing active bowling green in Quadrant 2 for ongoing use.

The 2016 proposal had the bowling green nominated for Quadrant 2. The new proposal is for a half green (4 lanes) at Quadrant 4. AHEPA NSW now plan to use Quadrant 2 as an outdoor entertaining area (subject to Development Consent outcomes).

- Provide/construct 60 to 80 new off street parking spaces in Quadrant 3.


Item 8.1 42

The new proposal indicates approximately 50 off street parking spaces with new driveway off Edward Street (subject to Development Consent outcomes).

- Upon completion of the above works, AHEPA NSW will submit a DA to Council for the construction of a new multipurpose hall in Quadrant 4, which will be approximately 1200sqm over 2 levels.

This proposal is no longer contemplated. Quadrant 4 is now being proposed as a 4 lane bowling green and additional recreation and outdoor area.

Whilst there has been some significant change in design the proposal is still considered the most appropriate in line with original tender principles and meeting the required needs of council. The overall scoring of each submission conducted by the panel in 2016 yielded a close result between 3Brigdes and AHEPA NSW. AHEPA NSW scored strongly on the condition criteria, in part due to the level of investment into the refurbishment of the existing facility and the creation of a new multi-purpose centre. By contrast, 3Bridges achieved higher score on service provision. AHEPA NSW proposal still yields the highest value asset investment into the existing structure even considering the removal of the $3m to $5m Stage 2 development noting Council has not called for fresh tenders.

Financial Implications Not applicable ☒

Included in existing approved budget ☐

Additional funds required ☐

Community Engagement Not applicable

Attachments 1 Scope of Works ⇩ 2 Legal Sign Off ⇩ 3 Legal Advice (confidential) 4 Audited Financial Statements (confidential) 5 DOCA (confidential)


Item 8.1 – Attachment 1 43

Item 8.2 54


Item No 8.2

Subject Proposed Licence to Rockdale Ilinden Soccer Club Over Brighton Memorial Playing Fields


File F08/379P06

Summary Rockdale Ilinden Soccer Club occupy grounds situated at Bicentennial Park South and Bicentennial Park East by way of separate licence agreements. Bicentennial Park East is required for the construction phase of the M6 and notice for early termination of the licence over that site has been issued. Works are being undertaken by Transport for NSW (TfNSW) to Brighton Memorial and Ador/McCarthy Reserves to offset the recreational facilities within Bicentennial Park that are to be taken offline during the construction phase of the M6. On 12 August 2020, Council established resolutions relating to a proposed licence to Rockdale Ilinden Soccer Club over Brighton Memorial, the proposal of which was the subject of further resolutions on 11 November 2020. The latter resolutions were for a proposed term aligning with the Club’s existing 2030 agreement over Bicentennial Park East. This report addresses the submissions received during the statutory advertising period and proposes that after duly considering the submissions received that Council establish resolutions for a five-year agreement over Brighton Memorial which align with the completion of the construction works impacting Bicentennial Park East.

Officer Recommendation 1 That Council note the report and summary of submissions received.

2 That after duly considering the submissions received, Council resolves to grant a five-year licence to Rockdale Ilinden Soccer Club over the football facilities (under construction) within Brighton Memorial, subject to further public notification (if required) by the Local Government Act 1993.

3 That the licence agreement be based on terms that align with the existing Bicentennial Park East agreement and include provisions that address:

a The non-exclusive nature of the licence;

b The availability of the playing fields for public use outside of those times nominated where the grounds are in use by the Club;

c Address the availability of the external unisex and accessible toilets within the amenities building for use by the public who use the reserve;


Item 8.2 55

d Management practices that aid in mitigating parking issues on games days and training nights.

Background Rockdale Ilinden Soccer Club Inc (the Club) occupies two sites, one situated at Bicentennial Park South and the other at Bicentennial Park East. Bicentennial Park East is not held under the ownership of Council (however leased to Council) and the substantive component of that reserve is required by the owner (Transport for NSW) to construct the M6 Southlink Stage 1 (the Project). In addition, Bicentennial Park Central/North (owned by Council) is also required for the construction of the project. Bicentennial Park South (excluding a small section along President Avenue) is not required for the project. Rockdale Ilinden’s use of both Bicentennial Park South and Bicentennial Park East are documented by licence agreements that hold expiry dates in 2030. Given the requirement for Bicentennial Park East, notice for early termination of the licence over that site has been issued.

Offset Works Transport for NSW (TfNSW) are undertaking public open space upgrades on Council reserves situated at Brighton Memorial Playing Fields (Brighton Memorial) and McCarthy/Ador Reserve. Principally, these upgrade works are to offset the temporary loss of open space facilities within Bicentennial Park during the construction phase of the Project. These works are separate to further works to occur at the end of the Project to reinstate the open space facilities at Bicentennial Park, excluding those areas permanently acquired, or in the case of Bicentennial Park East retained, to house the motorway infrastructure. Council at their meeting of 11 December 2019 approved transactional documents relating to the temporary and permanent compulsory acquisitions required for the Project. Of relevance, whilst the offset works (currently under construction) are funded by the State, the report addressed a key aspect being that Council’s compensation entitlement arising from the compulsory acquisitions were to be assigned against the value of the Offset Works.

Sport and Recreation Committee & Council Decision Points Council’s Sport and Recreation Committee established resolutions at their meeting of 27 July 2020 (endorsed by Council on 12 August 2020) in response to a report titled ‘Suspension of Rockdale Ilinden Soccer Club's Licence for Bicentennial East Sports Grounds and initiation of negotiations for a Licence of Memorial Playing ground and surrounding playing fields.’ The following tables the endorsed resolution.

1. That the Sport & Recreation Committee receives and notes the report.

2. That the Committee recommends Council endorses the suspension of the current licence with Rockdale Ilinden Soccer Club over Bicentennial East.

3. That Council enters into arrangements with Ilinden Soccer Club to establish a new fixed term licence over facilities at Brighton Memorial playing fields and surrounding grounds, until the completion of the M6 construction period and hand back of the Bicentennial East Park grounds.


Item 8.2 56

4. That the new fixed term licence replace ‘like for like’ wherever possible in size and configuration at Brighton Memorial playing fields.

5. That post the construction of the M6 (that part that impacts on Bicentennial East) the Ilinden licence over the renewed Bicentennial Park grounds be reviewed as to ‘like for like’ and the fields returned to Ilinden, consistent with their current pre 2020 licence.

Subsequently Council established further resolutions at their meeting of 11 November 2020 that addressed the proposed licence over Brighton Memorial to Rockdale Ilinden. The endorsed resolutions were:

1. That the licence over Memorial Playing Fields to Rockdale Ilinden be extended to 2030 in line with the former licence over Bicentennial Park East which has been extinguished.

2. That until actual occupation of Memorial Playing Fields is available, Council resolves to assist with the granting of permits to Rockdale Ilinden following their eviction from Bicentennial Park East.

3. That Council congratulates Rockdale Ilinden on their recent exceptional performance in the NSW NPL Men's competition.

Statutory Considerations As Brighton Memorial is classified as Community Land, Council is required to undertake statutory advertising of a proposal to grant a licence. To that end, Council staff commenced the statutory advertising on 28 November 2020 allowing submissions to be made up to 1 February 2021. The statutory advertising proposed a 10-year term to permit an alignment of the expiration date being the same as the licence over Bicentennial Park East, (exp. Sept 2030). During the submission period Council received 11 submissions that did not support the proposal. Relevant to the submissions received, section 47 of the Local Government Act 1993 requires (in relation to terms greater than 5 years):

(4) Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

(5) The council must not grant the lease, licence or other estate except with the Minister’s consent, if—

(a) a person makes a submission by way of objection to the proposal, or

(b) in the case of a lease or licence, the period (including any period for which the lease or licence could be renewed by the exercise of an option) of the lease or licence exceeds 21 years.

s47A of the Local Government Act 1993 relates to agreements over community land for a term of 5 years or less. s47A is tabled below and is of relevance and reference in relation to an aspect raised in the submissions received, centring on a shorter period.

47A Leases, licences and other estates in respect of community land—terms of 5 years or less


Item 8.2 57

(1) This section applies to a lease, licence or other estate in respect of community land granted for a period that (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) does not exceed 5 years, other than a lease, licence or other estate exempted by the regulations.

(2) If a council proposes to grant a lease, licence or other estate to which this section

applies—

a) the proposal must be notified and exhibited in the manner prescribed by section 47, and

b) the provisions of section 47(3) and (4) apply to the proposal, and

c) on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47(5)–(9) are to apply to the proposal.

(3) If the Minister, under subsection (2)(c), determines that the provisions of section 47(5)–

(9) are to apply to the proposal—

a) the council, the Minister and the Director of Planning are to deal with the proposal in accordance with the provisions of section 47(1)–(8), and

b) section 47(9) has effect with respect to the Minister’s consent.

Public Submissions Received Tabulated below are a summary of the key aspects raised in the submissions received and commentary in regarding the same.

Theme Comment Consideration/Response

The Recipients of the Current Upgrade Works and Alignment With Funding for Works

Concern tabled over the recipients of the $28M open space upgrades works not being for the community and being for the benefit of one club.

Licence misaligned with the funding purpose.

The $28M works are in part to offset existing facilities within Bicentennial Park, (including Bicentennial Park East) during the construction of the M6

The substantive value of the works are assigned to McCarthy/Ador.

In relation to Brighton Memorial the M6 EIS document notes (summarised) Bicentennial East soccer fields, used by the Rockdale City Suns Football Club and Brighton-Le-Sands Public School for school sports days, would be temporarily relocated to a nearby area of open space. The fields within Bicentennial Park East are


Item 8.2 58


being catered for in field upgrades at Brighton Memorial and McCarthy Reserves.

The Club has (based on 2017 numbers) 500+ junior and association players who rely on the existing Bicentennial Park East Facilities.

The proposed licence over Brighton Memorial relates to the playing fields and excludes public areas such as the playground, open space etc.

Community Access and Perception of Facilities Being Alienated From Public Access

Concern centred on areas being used at the sole exclusivity of the Club.

Separate concerns raised in relation to the later installation of infrastructure to close off and lock the grounds.

Proposed public access to the playing fields (Synthetic & Natural Turf) between 8am to 4pm Monday to Friday.

Public access (during sunlight hours) to the unisex and accessible toilets externally accessed from the amenities building and Council should accept responsibility for the upkeep of those toilets.

Existing Bicentennial Park East Licence to the Club is non-exclusive.

Existing Bicentennial Park East Licence holds special conditions relating to ground availability to schools, community bodies and community in general when not in use by the Club.

Hours in the existing Bicentennial Park Licence cover Monday to Sunday 7am to 8:30pm and until 10pm two nights per week excl weekends and public holidays.

Noting the above hours in place, the site is open to the public during the day.

Council has issued permits for regular school use of the Bicentennial Park East in unison with the operation of the licence.

It is proposed that existing co-use and public access provisions carry over to a proposed licence over the playing fields within Brighton Memorial.


Item 8.2 59


Further the licence does not extend to cover facilities outside of those related to the playing facilities and does not cover the memorial, associated open space, playground parking etc.

A proposed licence would note that Council would retain control and management of the toilets that are externally accessed on the new amenities building.

Use for junior and association players represents a use by the public.

Removal of the Existing Tennis Courts

Concern tabled of there being no interest in retaining the tennis courts.

Concern over a non-reinstatement of the courts or a scaled down version provided on a fee free basis.

The removal of the courts are addressed in detail in a separate section noted below.

The removal and/or a position on a reinstatement of similar facilities has no bearing on the proposed licence.

Access to Drawings for the Works and Building Size

Queries raised in relation to Council producing copies of the detailed drawings.

Concern over the building being larger than noted in a concept plan.

Technical plans are the property of TfNSW.

The building under construction has not increased in size from that contemplated by the concept plan.

Parking Provision and the Status of 45 Crawford Street, Brighton Le Sands

Reference to the number of parking spaces provided at Bicentennial Park Central (circa 220) in contrast to the increase of the parking facility at Brighton Memorial (circa 60)

Council proceeding with providing parking at 45 Crawford Street, an adjoining parcel owned by Council.

The existing parking facility at Brighton Memorial included circa 40 spaces which as part of the works will increase to 59.

45 Crawford Road is subject to further review.


Item 8.2 60


Licence Term of 10 Years

Concern tabled over the length of term being 10 years. Suggestions centre on 5 years or less.

This aspect is considered in further detail in the section below Titled Proposed Licence Term

Addressing potential Risks at the South Eastern corner of Sybil Lane and Width of Sybil Lane

Concern raised over measures to address balls leaving the reserve.

Concerns were also raised in relation to the width of Sybil Lane.

Ball catch fences, along with a lower perimeter fence were included in the scope of works.

Post the submission being received, further landscaping works are being introduced in that location to further mitigate risk.

Any widening of Sybil Lane is not included in the current scope of works.

Community Engagement

A point was tabled over the statutory advertising being that it should have been broadly distributed.

The statutory advertising spread was compliant with the provisions of the Local Government Act.

Licence Conditions One submission requested production of the proposed licence terms.

A licence is normally drafted post the statutory advertising period, as conditions may need to be considered to address items raised in submissions.

The terms for the licence will align with similar agreements in place with sporting clubs and have an alignment with the Bicentennial Park East Licence agreement terms.

Existing Tennis Courts and Planning Decisions The open space works being undertaken at Brighton Memorial and Ador/McCarthy Reserves (Offset Works) were the subject of a planning assessment undertaken in accordance with Division 5.1 of the Environmental Planning and Assessment Act 1979. This planning pathway was separate to the main M6 project, which was subject of the Critical State Significant Infrastructure provisions under the same Act. TfNSW compiled a Review of Environmental Factors (REF), dated November 2019, for the works proposed at the time (currently approved). The REF was tabled at the Council meeting of 13 November 2019, whereby Council resolved to support Roads and Maritime placing the Review of Environmental Factors for M6 Stage 1 recreational facilities on public display for 21 days.


Item 8.2 61

Subsequently TfNSW placed the REF on public exhibition and post that period compiled a Submissions Report dated March 2020. In turn, the works achieved approval in April 2020. The following is an extract from the TfNSW Submissions Report that summarises the key aspects pertaining to the existing tennis courts at Brighton Memorial:

Submissions Report Extract

Issue descriptions

We are concerned that the tennis facilities would be removed as our family use them; we strongly oppose their removal.

The tennis courts should be retained.

Why remove the tennis courts? The existing courts are regularly used all week, and by the school kids on Fridays; indeed, more would be better than none.

Do not remove the tennis courts they are needed by the community.

The tennis courts provide a barrier for balls going into neighbouring properties.

Reinstate tennis courts in Ador Park where they used to be and increase the current car park instead of installing a new one.

Consider including tennis practice walls into the features as these take up much less room and are valuable aids for tennis practice.

Responses

The tennis courts are to be removed because they are no longer considered functional. The current southern end of the courts would be directly impacted by the realignment of the kerb line of Sybil Lane to improve access, making retention in their current location unviable. Given there are other locations where tennis may be played, as noted in section 6 of the REF, Bayside Council considered it appropriate to remove this facility at this location. Bayside Council will be preparing a strategic review of recreational facilities available within the Local Government Area and, through this process, will determine whether the provision of new tennis facilities would be feasible at an alternative location.

The full-sized field would include a ball stop high fence, and is aligned so that balls are unlikely to impact on properties near the south east corner of Sybil Lane. The proposed mid-sized field is also some distance away from properties.

The strategic review of recreation facilities with the LGA (referred to in the Submission Report) and strategies to address the current and future demand (including tennis) is work that continues. In any event, the tennis courts are a separate matter to the proposed licence to the Club.


Item 8.2 62

Proposed Licence Term The following considers the relative considerations of a proposed licence of 5 year and a 10-year term (to align with a 2030 expiry).

Term Considerations

5 Years

Aligns with community feedback for a shorter term

Process within Local Government Act 1993 for a decision on the proposed licence does not require an automatic referral to Minister and is a shorter process as Council (having regard to submissions received) can make a decision on the proposed licence.

Further to the above, the timeframe to reach a decision on the licence better aligns timeframes for availability of the Brighton Memorial and Bicentennial Park East being taken offline.

Allows further engagement post construction of the Project and the hand back of Bicentennial Park (Bicentennial Park East being surrendered by the Club) to enable Council to review existing management options to determine whether these adequately respond to both the needs of the Club’s junior players and the broader community.

10 Years (up to 2030)

Term aligns with the expiry date of the existing Bicentennial Park East agreement being terminated to facilitate the Project.

Process within Local Government Act 1993 to determine the licence requires automatic referral to Minister for determination. Total timeframes are not known, however based on precedent can be circa 6 months plus.

May allow for higher licence obligations (such as rent/maintenance etc) to be considered based on a longer term offered.

Options and Next Steps

If Council resolve, after duly considering the submissions received, to proceed with a 10-year term, the matter will need to be referred to the Minister of Local Government who will (in accordance with the s47) determine the matter. Conversely, again after duly considering the submissions received, if Council resolves to grant a shorter term agreement (5 years or less) as suggested in the submissions, there is no automatic referral to the Minister. The Local Government Act 1993 does not clearly address the requirement of where Council seeks to vary the length of term proposed over community land (from 10 to 5) and whether such a decision requires or does not require further notification.


Item 8.2 63

If deemed as a requirement, it would be proposed that the notification re-occur for 28 days for a proposed 5-year licence (if endorsed), which in any event that process would be a shorter in time than for seeking Ministerial consent. Regardless of the length of term if Council were to proceed with an agreement, it is proposed that a licence would include provisions that:

Address the non-exclusive nature of the licence;

The availability of the playing fields for public use outside of those times nominated where the grounds are in use by the Club;

Address the availability of the external unisex and accessible toilets for use by the public who use the reserve; and

Management practices that aid in mitigating parking issues on games days and training nights.




Community Engagement If deemed as a requirement, it would be proposed that the notification re-occur for 28 days for a proposed 5-year licence (if endorsed), which in any event that process would be a shorter in time than for seeking Ministerial consent.

Attachments Nil

Item 8.3 64


Item No 8.3

Subject Cahill Park Plan of Management


File SF20/1972

Summary This report addresses the consultation process undertaken for the draft Cahill Park Plan of Management. Minor amendments have been made to the draft Cahill Park Plan of Management in response to feedback received during the consultation period. The amendments are addressed in the body of the report. This report seeks endorsement of the Cahill Park Plan of Management that is annexed to this report.


1 That the outcome of the public exhibition is received.

2 That pursuant to Section 3.23 of the Crown Land Management Act 2016 and Section 40 (2) (b) of the Local Government Act 1993, Council adopts the Cahill Park Plan of Management.

Background The Crown Land Management Act 2016 (CLM Act) commenced on 1 July 2018 and consolidated eight (8) pieces of legislation in one Act. The CLM Act introduced reforms that included provisions that requires a Council (as Crown Land Manager) to manage all Crown Reserves in the same manner as community land, as defined by the Local Government Act 1993 (LG Act). Council endorsed the Draft Cahill Park Plan of Management at their meeting on 9th September 2020. Following this meeting the Draft Cahill Park Plan of Meeting was referred to the Department of Planning, Industry and Environment – Crown Lands (DPIE) seeking concurrence that the plan satisfied the requirements under section 3.23 of the Crown Land Management Act 2016. Council received concurrence from the DPIE on 11th December 2020.

Public Exhibition The draft Cahill Park Plan of Management was placed on public exhibition over the period of 11 January 2021 to 21 February 2021.


Item 8.3 65

Engagement with the Bayside Community occurred via the online platform of the ‘Have Your Say’ page, which enabled public submissions to be made electronically. A total of 4 submissions were received during the plan of management exhibition period. The salient aspects of these submissions are grouped and addressed below.

Environmental The submissions sought for improved reference to both the flora within the park and the overall environmental value of Cahill Park, and principles of how these are to be protected into the future. On a related, however separate, theme the submissions sought to address mitigating impacts of litter and smoking within the park. The above matters are addressed via amendments the draft Cahill Park Plan of Management, the details of which are addressed in the section titled Proposed Amendments to the Draft Plan. Separate to the amendments, litter and smoking within the park has been raised with the appropriate departments within Council.

Sporting Concerns were raised in relation to the existing sporting users (Rugby & Cricket) being removed or unable to use facilities in the future. Some submissions requested additional information on a ‘Sportsground Strategy’ and more information on what community consultation would be undertaken to ensure satisfaction with available sportsgrounds. In consideration of the above points, the current sporting users of the site still have ongoing access subject to the written agreements entered into with Council. In any event, the premise that draft Cahill Park Plan of Management seeks to remove sporting users is not correct and further, a sportsground use cannot be limited to one particular sport activity. To this end, no amendment on this aspect is required. The draft Cahill Park Plan of Management has been amended to consider a recommendation to undertake a survey and seek feedback on the availability of sporting facilities within the reserve and what improvements can be implemented to improve accessibility. A ‘Sportsground Strategy’ has not been developed, however the draft plan notes a recommendation that Council look to develop a strategy to ensure equitable and diverse use of all sportsgrounds within Bayside.

Tennis Courts Council received feedback from local residents on the Cahill Park Tennis Courts. Most of the feedback centred on the condition of the playing surface of the courts and a requirement for more regular cleaning. The submissions raised accessibility of the courts and a recommendation to reconsider the booking fees of the courts and implement an online booking system.


Item 8.3 66

Currently, Council is in the latter stages of implementing an online booking system for the Courts. The feedback into the current condition, the booking fees and general feedback about the tennis courts has been provided to the appropriate department within Council.

St George Rowing Club The submissions addressed the St George Rowing Club and recommended criteria on ensuring that more active rowing is undertaken from the club premises. As the St George Rowing Club is a direct lease with the Department Planning, Industry and Environment – Crown Lands, this feedback has been referred to the Department.

Proposed Amendments to the Draft Plan

In response to the feedback received, the following amendments were made to the draft Cahill Park Plan of Management. Specifically, the amendments are:

Table 5.2 Scale and Intensity of Permitted Use/ Development has been amended to limit the scale and intensity of any future development to the size for the active open space area as the site necessitates for the level of active recreation facilities required.

Table 7.1 Means by which Council plans to achieve the objectives has been amended to include the implementation of the remaining stages of the Cahill Park Masterplan

Table 7.1 Manner of assessment has been amended to include actively monitor the area and visually inspect for improvements in the health of existing flora, ensure ongoing indigenous landscaping is undertaken. Monitor, maintain and protect to ensure increase in fauna and flora habitats.

Table 7.2 Means by which Council plans to achieve the objectives has been amended to include active use of sporting facilities offered within the reserve including the oval, outer field and tennis courts.

Table 7.2 Manner of assessment has been amended to include consultation with the community via have your say or similar information sessions to ensure satisfaction with the condition and availability of active recreation areas. Targeted communication with regular and frequent users of the facilities to ensure satisfaction.

The revised amended version of the draft Cahill Park Plan of Management can be viewed at Attachment 1 and this forms the plan of management to be adopted.

Consultation on the Amendments with Crown Lands

Council referred the amended Draft Cahill Park Plan of Management to the Department of Planning, Industry and Environment – Crown Lands on 4 March 2021. Council received a formal response from Crown Lands on 18 March 2021, noting that the Draft Cahill Park Plan of Management satisfies the requirements of the Crown Land Management Act 2016 and Council may now proceed to adopt the plan of management.


Item 8.3 67




Community Engagement Public notification in accordance with the Local Government Act 1993 section 40 (2A).

Attachments Annexure 1 - Draft Plan of Management ⇩

Item 8.4 97


Item No 8.4

Subject Amendments to Part 4A of Botany Bay Development Control Plan 2013 - Inclusion of Controls for Dual Occupancy

Report by Peter Barber, Director City Futures

File F18/262

Summary The NSW Department of Planning, Industry and Environment has advised Council that the harmonised Draft Bayside Local Environmental Plan 2021 (BLEP 2021) is due to be notified between April and May 2021. Certain zones and land uses identified in the Bayside Local Environmental Plan have been ‘harmonised’. One such land use is ‘Dual Occupancies,’ as Botany Bay Local Environmental Plan 2013 does not permit the use with consent in any zone. As such no controls for Dual Occupancy development are currently in the Botany Bay Development Control Plan 2013, apart from car parking. When the Bayside Local Environmental Plan 2021 comes into effect, Dual Occupancies will be permitted within residential zones across the Bayside Local Government Area. The proposed amendments to the Botany Bay Development Control Plan 2013 will come into effect on the day the Bayside Local Environmental Plan 2021 comes into effect.


1 That Council endorse public exhibition of draft amendments to current Part 4A Dwelling Houses (to be retitled Part 4A – Low Density Residential) of the Botany Bay Development Control Plan 2013 to cover dual occupancy development (as detailed in Attachment 1).

2 That public exhibition be undertaken for a minimum 28 day period, in accordance with Clause 18(2) of the Environmental Planning & Assessment Regulation, 2000.

3 That a future report be prepared for Council’s consideration, in relation to any submissions that are received during the public exhibition period.

Background The NSW Department of Planning, Industry and Environment has advised Council that the harmonised Draft Bayside Local Environmental Plan 2021 (BLEP 2021) is due to be notified and will come into effect between April and May 2021. Certain zones and land uses identified in the Bayside Local Environmental Plan have been ‘harmonised’. One such land use is ‘Dual Occupancies,’ as Botany Bay Local Environmental Plan 2013 does not permit the use with consent in any zone. As such no controls for Dual


Item 8.4 98

Occupancy development are currently in the Botany Bay Development Control Plan 2013, apart from car parking (refer Table 1 of Part 3A – Car Parking). A form of Dual Occupancy development has arisen over time in the former Botany Bay LGA, through utilisation of the land use term ‘Semi-Detached Dwellings’. This form of development is currently assessed against the relevant development controls in the DCP relating to Semi-Detached Dwellings. When the Bayside Local Environmental Plan 2021 comes into effect Dual Occupancies will be permitted within residential zones across the Bayside local government area. To ensure effective management of this land use, controls need to be included in the Botany Bay Development Control Plan 2013. Council is currently preparing a Bayside Development Control Plan which will ‘harmonise’ the Rockdale and Botany Bay Development Control Plans into one document whilst updating format and controls. However, this work is not yet ready for public exhibition. By implementing the attached Draft DCP controls as an amendment to the BBDCP 2013, development controls will be implemented to assist with any assessment of Dual Occupancy developments lodged with Council in the interim. Following internal consultation with Council’s Development Services unit, the specific amendments to be made to Part 4A of the Botany Bay Development Control Plan 2013 (as marked-up in Attachment 1) include:

Page 2 – reference changed from “Part 4A Dwelling Houses” to “Part 4A Low Density

Residential” Page 4 – wording added to Introduction:

Common forms of low density residential development include (but are not limited to):

- Dwelling Houses;

- Dual Occupancies;

- Attached Dwellings;

- Semi-detached Dwellings; and

- Secondary Dwellings.

Page 13 – wording added:

Dual Occupancies

C17 Dual Occupancies should be designed to provide differentiation in the façade, so as to provide a single dwelling house in appearance.

C18 Where a dual occupancy development is proposed on a corner allotment, each dwelling, and any associated garaging, must independently address a street frontage. If both dwellings are proposed to be accessed from one street due to site constraints, car parking and driveways should not dominate the streetscape.

C19 Each dwelling within an attached dual occupancy development should be side by side. It is not acceptable to have one dwelling behind the other, unless the lot patterning permits, and the rear dwelling is single storey.


Item 8.4 99

C20 One dwelling within the dual occupancy development must not intrude into the rear yard further than 5 metres beyond the other.

C21 Attached dual occupancies should take account of the building form and roof lines of adjoining dwellings, where a pattern is established by a group of adjoining houses.

C22 Garages for each dwelling within an attached dual occupancy development must be well integrated into the façade design, and comprise a single width door to each dwelling. Parking should be provided off a rear lane where available.

C23 Garages and entries should not diminish casual surveillance of the street or address. Windows and/or balconies are to be incorporated into the façade to provide casual surveillance.

C24 No more than one third of the width of the frontage of a property should be used for driveways and access points.

C25 Access to garaging and parking spaces should not result in large expanses of paved surfaces to the front of the building.

Pages 22-24 wording changed from “Botany Bay Local Environmental Plan 2013” to

“Bayside Local Environmental Plan 2021”. Page 50 – wording changed from “semi-detached dwelling” to “semi-detached dwelling or

dual occupancy”.

Conclusion The proposed amendments (refer Attachment 1) to the Botany Bay Development Control Plan 2013 will come into effect on the day the Bayside Local Environmental Plan 2021 comes into effect. This arrangement will provide development controls to guide any future Dual Occupancy development applications where the Botany Bay Local Environmental Plan 2013 currently applies. Work is underway on a comprehensive new DCP to cover the whole Bayside LGA. This will complement the new Bayside Local Environmental Plan 2021, and ultimately replace the current Rockdale and Botany Bay DCPs.




Community Engagement If Council endorses the draft Development Control Plan amendments for public exhibition, the amendments will be exhibited for a minimum 28-day period, in accordance with Clause 18(2) of the Environmental Planning & Assessment Regulation, 2000.


Item 8.4 100

A future report will be prepared for Council’s consideration, to consider any submissions that may be received during the public exhibition period.

Attachments Proposed Amendments to BBDCP 2013 Part 4A ⇩

Item 8.5 170


Item No 8.5

Subject Bexley North and Kingsgrove Precinct - Proposed Traffic Calming


File F20/901

Summary In response to community concerns regarding the introduction of a toll on the M5 East motorway and the potential for impacts on local streets, a traffic calming scheme is proposed as a proactive measure for local area traffic management in the Bexley North and Kingsgrove precinct. The work would be funded using a Federal grant administered by Transport for NSW that has been pre-approved for this project. The matter was considered and endorsed by the Bayside Traffic Committee at its meeting on17 March 2021 with one recommendation being the outcomes of community engagement to be reported to Council for consideration prior to implementation. This report presents the results of community engagement and recommendations for implementation of traffic measures in the Bexley North and Kingsgrove precinct.


1 That Council note the outcomes of the community engagement and proceed with the implementation of the proposed traffic calming scheme as per recommendations of the Bayside Traffic Committee meeting of 17 March 2021.

2 That Council approve the implementation of redesigned roundabouts, raised intersection treatments, standard and/or single lane thresholds and pedestrian crossing upgrades subject to detailed design drawings being endorsed by the Bayside Traffic Committee.

3 That the community engagement outcomes of the proposed additional traffic calming treatments in Shaw Street, Laycock Street and Coveney Street be reported back to Council prior to implementation.

Background Council has received representations from community members concerned about changes in traffic conditions in local streets, as well as the State Road Network in several areas of Bayside following the introduction of tolls on the M5 East Motorway. There is an opportunity to change traffic conditions in adjoining suburbs as motorists avoid tolls and look for alternate routes via surface road networks, including residential streets. Significant increases in traffic volumes on Stoney Creek Road have been observed and reported.


Item 8.5 171

In order to preserve local amenity and maintain traffic and road safety for the community and local residents, the implementation of an extensive local area traffic management scheme in the suburbs of Bexley North & Kingsgrove within the precinct bounded by Shaw Street, Kingsgrove Road, Stoney Creek Road and Preddys Road/New Illawarra Road is proposed. A number of traffic calming road treatments are proposed to be installed in the precinct including watts profile speed humps, single lane/dual lane (standard) raised thresholds, kerb blisters, raised intersection treatments, road narrowing and modified kerb and footpaths for safer crossing opportunities for pedestrians. These treatments will alert the motorists that they are entering a residential neighbourhood and aid in maintaining residential amenity by reducing through movements. It is acknowledged that there are also negative impacts of introducing speed humps, including increased noise in the area immediately adjacent to the speed hump as vehicles brake and accelerate, and noise from the vehicle as it traverses the hump (rattles and vibration). There is also increased wear and tear on vehicle suspension and brakes. The use of speed humps and raised thresholds is a widely accepted treatment across Australia and other parts of the world, as the benefits in road safety typically out weigh the negative impacts. Similar traffic calming treatments have been provided at the entry to a number of residential streets north of Stoney Creek between King Georges Road and Kingsgrove Road by Georges River Council. The majority of the proposed treatments will not result in loss of parking and access for the residents and the community. This proposal was initially presented at the Bayside Traffic Committee meeting of 17 March 2021 and the following recommendations tabled:

1 That in principle approval is provided for the installation of traffic calming scheme in Bexley North and Kingsgrove precinct.

2 That approval be granted for the installation of watts profile speed humps at the locations listed in Table 1 of this report in accordance with the standard design drawing attached.

3 That approval be granted for kerb blisters/ kerb and gutter realignment works detailed in Table 1 upon completion of community engagement.

4 That the outcomes of the community engagement and detailed designs for all other facilities proposed be presented to a future meeting of the Bayside Traffic Committee for consideration.

5 That the results of the community engagement be considered by Council prior to implementation of any facilities.

Note: That a single lane threshold is proposed in Laycock Street near the intersection of Stoney Creek Road has been added to the community engagement.

Traffic Analysis Based on the traffic count analysis, some streets in the precinct have seen an increase in traffic over a period of 5 years. However, it cannot be established if there is a clear correlation between increased traffic movements in this precinct and the introduction of the toll on the M5 east. Even with the increased volumes, the streets are within the


Item 8.5 172

environmental capacity prescribed by Transport for New South Wales for their function and hierarchy under Council’s road classification system. Due to the generous carriageway widths in this precinct for most streets, they are conducive to travel speeds that are higher than the speed limits that apply to these streets. The proposed calming measures will help address excessive vehicle speeds. A number of treatments were implemented in the following streets as part of the Australian Government Blackspot program due to the high number of crashes:

Shaw Street – 2018-2019

New Illawarra Road – 2019-2020

Caroline Street and Edward Street – nominated for 2021-2022 pending outcomes It is noted that whilst traffic volumes are not high based on the road hierarchy, this precinct has a number of schools. Given that a number of streets in the area have been identified for nominations and have received funding under Australian Government Blackspot program, it is recommended that the proposed traffic calming scheme be implemented as a proactive measure to enhance general safety in the area and maintain amenity for the residents and that motorists are discouraged from bypassing toll roads using local roads and residential precincts.

Community Engagement Community engagement was undertaken in March 2021 via the ‘Have your Say’ online platform (closing date 21 March 2021) as part of the process to identify community concerns and feedback to guide the proposed treatments. Approximately 2,000 residents were informed as part of the engagement process. A total of 143 individual responses were received through Have Your Say process. This equates to approximately 7% of the total residents who were informed. Of the respondents, 65% are local residents and 35% are commuters, visitors or people are who are interested in this project. Table 1 – Bexley North and Kingsgrove Precinct - Have Your Say Survey Results

Summary view of 143 respondents

Support scheme Support scheme with changes Do not support scheme

39 47 57

The “support scheme with changes” feedback from residents included following comments:

Request Council to campaign for the removal of M5 East tolls;

Request for ‘No Right turn’ to be implemented for westbound traffic in Stoney Creek Road;

Request to not install speed humps due to noise generation;


Item 8.5 173

Request to include additional streets in the proposal;

Request to install roundabouts;

Request to remove single lane threshold due to limited parking;

Request to install pedestrian crossings instead of speed humps; and

Request to reduce speed limit to 40km/hr.

While there is potential for some of the comments to be taken into consideration, many of the suggestions are not able to be incorporated for the following reasons:

Street sections are too short for additional speed humps;

Traffic volumes are very low and the street is unlikely to be used by through traffic;

Current or proposed facilities are considered adequate;

Single lane threshold maintains street parking;

Roundabouts are not designed to be traffic calming devices;

Raised pedestrian crossings will not meet the necessary Transport for NSW warrants; and

40km/hr speed limit is reserved for implementation under specific conditions only.

Conclusion The comments from the community engagement have been assessed. Based on the above comments, general support (60% of respondents) was provided for the proposal including those who have supported the proposal ‘with changes’. Most changes are requests for additional measures, with some requesting omission of certain facilities due to various reasons. It should be noted that if any devices from the proposal are omitted from certain streets, it is likely that motorists will use those streets compared to those with traffic calming devices. It will also have financial implications for Council in future, should these devices then be considered for implementation. Every effort has been made in locating these devices to ensure minimum impacts on residents. Detailed designs that are underway will be informed by the community engagement process and efforts will be made to accommodate pragmatic requests whilst complying with the standards and legislative framework. The list of locations and proposed treatments are part of the Bayside Traffic Committee report BTC21.015. Some treatments in Shaw Street, Laycock Street and Coveney Street that were requested, have been assessed and are subject of community engagement being undertaken currently. The results of the outcomes of community engagement for these additional treatments will be reported to Council for approval prior to implementation via Bayside Traffic Committee.


Item 8.5 174

Financial Implications Due to the timeframes in the grant conditions to have projects completed by 30 June 2021, the project delivery timeframe has been compressed. Non-completion of projects prior to the date, or withdrawal of projects at this point will affect Council’s ability to fund measures at a future date. The grant will fully fund the works, with an estimated total value of $1,000,000. Not applicable

☐

Included in existing approved budget ☒ Council has been successful in obtaining grant funding for these works


Attachments Have Your Say report ⇩

Item 8.6 187


Item No 8.6

Subject Lorraine Avenue, Bardwell Park - Proposed Traffic Calming


File F20/901

Summary In response to community concerns regarding the introduction of toll on M5 East motorway and the potential for impacts on local streets, Council is proposing traffic calming treatments to aid local area traffic management in the Lorraine Avenue precinct, Bardwell Valley. The matter was considered and endorsed by the Bayside Traffic Committee at its meeting on 17 March 2021 with one recommendation being the outcomes of community engagement to be reported to Council for consideration prior to implementation. This report presents the results of community engagement, and recommendations for proceeding with implementation of traffic measures in the Lorraine Avenue precinct.


1 That Council note the outcomes of the community engagement and proceed with the implementation of the proposed traffic calming scheme as per recommendations of the Bayside Traffic Committee meeting of 17 March 2021.

2 That Council approve the implementation of roundabout redesign and single lane threshold treatments, subject to detailed design drawings being endorsed by Bayside Traffic Committee, as per Table 2 of this report; and

3 That Council endorse proceeding with the grant funded traffic calming scheme in the Lorraine Avenue, Bardwell Park precinct, as described in this report.

Background Council has received representations from community members regarding changes in traffic conditions in local streets and as well as the State Road Network in several areas of Bayside following the introduction of tolls on M5 East Motorway. There is potential for changed traffic conditions in adjoining suburbs as motorists avoid tolls and look for alternate routes via surface road networks, including residential streets. In order to preserve local amenity and maintain traffic and road safety for the community and local residents, the implementation of a local area traffic management scheme in the suburb of Bardwell Valley within the precinct bounded by Lorraine Avenue, Sackville Street and Hamilton Street is proposed. A number of traffic calming road treatments are proposed to be installed in the precinct including watts profile speed humps, single lane/dual lane raised thresholds, redesign of


Item 8.6 188

existing roundabouts and modified kerb and footpath for safer crossing opportunities for pedestrians. These treatments will alert the motorists that they are entering a residential neighbourhood and aid in maintaining residential amenity by discouraging through movements. It is acknowledged that there are also negative impacts from introducing speed humps, including increased noise in the area immediately adjacent as vehicles brake and accelerate, and noise from the vehicle as it traverses the hump (rattles and vibration). There is also increased wear and tear on vehicle suspension and brakes. However, the use of speed humps and raised thresholds is a widely accepted treatment across Australia and other parts of the world, as the benefits in road safety typically out way the negative impacts. The majority of these treatments will not result in loss of parking and access for the residents and the local community. This proposal was initially presented at the Bayside Traffic Committee meeting of 17 March 2021 and the following Committee Recommendations were made:

1 That in principle approval is provided for the installation of traffic calming scheme in Lorraine Avenue precinct.

2 That approval be granted for the installation of watts profile speed humps as part of this scheme as per standard design drawing attached.

3 That approval be given for the installation of rubber speed cushions pads as part of this scheme at the roundabout of Bayview Street and Reginald Street.

4 That the outcomes of the community engagement and detailed designs for all other facilities proposed be presented to the Bayside Traffic Committee for consideration.


This report includes the results of the community engagement as per recommendation 5 above.

Traffic Analysis Based on analysis of the traffic count data available, there is not a strong correlation between increased traffic movements in this precinct and the introduction of the toll on the M5 east at this point in time. However, the proposed traffic calming scheme is a proactive measure to ensure that the existing amenity for local residents is maintained and that motorists are discouraged from bypassing toll roads using local roads and residential precincts. It is also noted that the recorded 85th percentile speed in Lorraine Avenue warrants consideration for treatment as an issue on its own.

Community Engagement Community engagement was undertaken in March 2021 via ‘Have your Say’ online portal (closing date 21 March 2021) as part of the process to identify community concerns and feedback to guide the proposed treatments.


Item 8.6 189

A total of 240 households were informed as part of the engagement process. In response, 33 individual responses were made through the Have Your Say platform, with 78% of the respondents being local residents and 22% commuters or visitors. This equates to approximately 14% of the total residents who were informed. The comprehensive report has been included in the attachment and the number of responses slightly vary as adjustments have been made to discount more than 1 response from each household. Table 1 – Lorraine Avenue precinct - Have Your Say Survey Results

Summary View of 33 Respondents

Support scheme Support scheme with changes Do not support scheme

16 15 2

The “support scheme with changes” feedback from residents included following comments:

Requests to Council to make representations with State Government to remove the toll imposed on M5 East motorway;

Request for chicanes;

Request for pedestrian crossing in front of Silver Jubilee Park;

Requests designated cycle route and 30km/hr speed limit;

Request for One-way;

Request for more speed humps; and

Request for roundabouts.

Many of the suggestions are not able to be incorporated for the following reasons:

Street sections are too short for additional speed humps;

Traffic volumes are very low and the street is unlikely to be used by through traffic;

Current or proposed facilities are considered adequate;

Roundabouts are not designed to be traffic calming devices;

Raised pedestrian crossings will not meet the necessary Transport for NSW warrants; and

Speed limits are set and approved by Transport for NSW. Based on the above comments, overall support was provided for the proposal amongst respondents including full support for the proposal in its current form support for the proposal ‘with changes’. Most changes are requests for additional calming measures.

The list of locations and proposed treatments are part of the Bayside Traffic Committee report BTC21.021.


Item 8.6 190

Financial Implications The project is the subject of a successful grant application utilising Federal Government funds administered by Transport for NSW. The grant will fully fund the works, with an estimated total value of $200,000. The grant conditions require projects to be completed by 30 June 2021. The project delivery has been compressed to enable this to occur. Non-completion of projects by this date, or withdrawal of projects will affect Council’s ability to fund these measures at a future date. Not applicable

☐

Included in existing approved budget ☒ Council has been successful in obtaining grant funding for these works.


Attachments Have Your Say report ⇩

Item 8.7 202


Item No 8.7

Subject Tender - Bexley Town Centre Public Domain Upgrade

Report by Karin Targa, Executive Manager City Projects Office

File F21/46

Summary The City Projects Program for 2020/2021 and 2021/2022 includes the public domain upgrade of Bexley Town Centre located on Forest Road between Albyn Street and Bayview Street and from Broadford Street to Westminster Street, Bexley and including the Albyn Street carpark.


1 That the attachment to this report be withheld from the press and public as it is confidential for the following reason:

With reference to Section 10(A) (2) (d) (i) of the Local Government Act 1993, the attachment relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. It is considered that if the matter were discussed in an open Council Meeting it would, on balance, be contrary to the public interest due to the issue it deals with.

2 That in accordance with Regulation 178 (1) (a) of the Local Government (General) Regulations 2005, Council accepts the Tender from Mack Civil Pty Ltd for the Contract F21/46 being the public domain upgrade of Bexley Town Centre for the amount of $2,487,719.39 exclusive of GST.

3 That Council allocates additional funding of $621,491.33 to the project in 2021/22 financial year funded from the Infrastructure levy.

Background The Bexley Town Centre improvements are located on Forest Road at Bexley between Albyn Street to the south and Bayview Street to the north with small returns into the side streets. It also includes the small commercial area to the north, located between Broadford and Westminster Streets, and the Albyn Street carpark. The improvement works include the construction of new high quality footpath pavements being honed segmental concrete pavers, construction of some new kerb ramps, new street furniture, landscaping in the form of ground level kerbside planting and street trees, pedestrian barrier fencing at the major intersections, flagpoles and updated parking directional signage. A presentation on the tender process was provided to Councillors at the GM Briefing Session on Wednesday 31st March 2021.


Item 8.7 203

This report outlines the proposed works and the tender process.

The Tender Process Open Tenders were advertised on Tuesday 9th February 2021. Tender submissions closed at 10:00 am on 9th March 2021.

Tenders Received Eight (8) tender submissions were received, as follows (in alphabetical order):

EzyPave Pty Ltd;

KK Consultants Pty Ltd TA KK Civil Engineering;

Mack Civil Pty Ltd;

Mansour Paving Aust Pty Ltd;

MSA Civil & Communications Pty Ltd;

Planet Civil Pty Ltd;

Quality Management Constructions Pty Ltd Tas QMC Group; and

Sydney Civil Pty Ltd.

Directors and Location of Companies that Submitted a Tender:

Company Company Directors Location & Postcode

EzyPave Pty Ltd Kassem Khalil Lidcombe NSW 2141

KK Consultants Pty Ltd TA KK Civil Engineering

Koda Kassira Padstow NSW 2211

Mack Civil Pty Ltd Karim Mahmoud Sans Souci NSW 2219

Mansour Paving Aust Pty Ltd Mohammad Mansour Rockdale NSW 2216

MSA Civil & Communications Pty Ltd

Mouhammad Jomaa Arncliffe NSW 2205

Planet Civil Pty Ltd Mohammad El Najjar Arncliffe NSW 2205

Quality Management Constructions Pty Ltd Tas QMC Group

Steven Commisso Bella Vista NSW 2153

Sydney Civil Pty Ltd Adrian Mourad Turrella NSW 2205


Item 8.7 204

Five (5) companies that have their business in the Local Government Area submitted a tender.

Late Tenders No late tenders were received.

Assessment Methodology The tender submission assessment and scoring are outlined in the confidential supporting attachment to this report. A comprehensive assessment of the tender submissions was undertaken by the Tender Evaluation Panel. The assessment process has been undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005. The evaluation was undertaken based on the conditions of tendering and the evaluation criteria as provided in the Request for Tender documents. Mack Civil Pty Ltd has been identified as offering best value for money based on Evaluation Matrix Scoring under the following criteria:

Price offered (including exclusions and qualifications); and

Non-Price capabilities, past experience, track record and proposed delivery program, staging and methodologies that demonstrate their understanding of the challenges and risks specific to the project.

Proposed Program The preliminary program submitted with the Mack Civil tender indicates that it will take 18 weeks to complete the project weather permitting. The project will be constructed in 10 stages (18 including sub-stages) and the milestones are as follows:

Milestone Date

Contract Award Mid-April 2021

Procurement, stakeholder consultation, Traffic Management Plans and permits

15 April-25 May 2021

Construction Commencement on site 27 May 2021

Project Complete 10 September 2021

This program does not allow for wet weather.


Item 8.7 205

Financial Assessment of Mack Civil Pty Ltd Corporate Scorecard was engaged to undertake a Detailed Financial and Performance Assessment to assess the financial viability, capacity and risk of Mack Civil Pty Ltd in relation to the construction risks for Bexley Town Centre Public domain improvement works. No issues have been identified as part of this process. Details on this check are in the confidential attachment to the report. Mack Civil Pty Ltd has a track record of successful outcomes in undertaking projects of a

similar design nature and with pedestrian and traffic management requirements. Examples of

these projects are : Bondi-Bronte walkway which required intensive pedestrian management;

Fairfield Heights, which involved night works and pedestrian management in a restaurant

precinct; Fairfield CBD – footpath widening, concrete unit pavers and kerbside landscaping;

Zetland housing development – roadways, rain gardens and bluestone kerbs; Macquarie

Park – road infrastructure, tree pits and over 11,000 sqm granite footpaths; and 280 George

Street, Sydney – granite footpaths, cobbles and bluestone and street furniture. Mack Civil

have also commenced a footpath upgrade to the main street in Katoomba.

Mack Civil have a local depot which will mean that minimal materials and stockpiles will be located within the town centre and therefore less disturbance to stakeholders.

Tender Recommendations References were checked for Mack Civil Pty Ltd and it was found that they are a reputable contractor that delivers high quality work and works well with Councils and their local communities. Their projects have been delivered on time, on budget and without issues. All referees said they would use Mack Civil again. They have sound Quality Assurance and stakeholder communication processes. Mack Civil Pty Ltd has in place $20M Contract Works and Public Liability Insurance and have the statutory worker’s compensation policy in place. Mack Civil Pty Ltd have Quality Management Systems in compliance with ISO 9001, ISO 14001 and ISO 45001 and have a good track record and name in the industry. The tender submitted by Mack Civil Pty Ltd was very comprehensive and addressed all of the non-price criteria satisfactorily and included a detailed methodology and staging plan and detailed program taking into account site constraints and limitations such as heavy vehicle traffic, high pedestrian traffic, TfNSW clearway road constraints and maximising on-street parking availability during construction. Mack Civil are a pre-qualified RMS contractor and had obtained a Road Occupancy License. Based upon the assessment criteria, the tender assessment panel recommends acceptance of the tender from Mack Civil Pty Ltd for an amount of $2,487,719.39 exclusive of GST.

Financial Implications Not applicable

☐

Included in existing approved budget ☒ The funding for the construction works is included in the 2020-2022 City Projects Programs


Item 8.7 206

Additional funds required ☒ Additional funding of $621,491.33 is required in 2021/22 financial year funded from the Infrastructure Levy.

Community Engagement Community engagement was undertaken on the completed masterplan stage of the project in October 2020 by sign board notification on site, letterbox drop to residents and businesses and on Have Your Say on the Council website. Face-to-face engagement with businesses also took place in October and extensive consultation has taken place with the Bexley Chamber of Commerce and the Council nursery. The Council nursery will be supplying the trees and plants for the project. Community feedback from the engagement period was reported to a Briefing Session on 4th November 2020.

Attachments 1 Public Domain Improvements at Bexley Town Centre (confidential)

)

Item 8.8 207


Item No 8.8

Subject Tender - Security Services


File F20/355

Summary This report recommends Council accept the tender from Ultimate Security Australia Pty Ltd and enter into a contract for Security Services. Security services are required to meet the broad range of services needed for the effective operation of Council and community facilities. Bayside Council properties are secured to protect its assets primarily from vandalism as well as deterring undesirable activity. This is a 7-day a week, 365 days a year responsibility. Security Services include:

Provision of lock ups and unlocking of Council Public facilities and Boom Gates at various locations;

Regular night patrols;

Provision of alarm response to Council Buildings (as required) Councillors were provided an overview of this tender at the GM Briefing session held on 24 March 2021. To finalise the tender process and formalise the contract, formal endorsement from Council is sought in accordance with Local Government Tendering Regulations and Guidelines.


1. That the attachment to this report be withheld from the press and public as it is confidential for the following reason:

With reference to Section 10(A) (2) (d)(i) of the Local Government Act 1993, the attachment relates to commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. It is considered that if the matter were discussed in an open Council Meeting it would, on balance, be contrary to the public interest due to the issue it deals with.

2. That, in accordance with Regulation 178 (1) (a) of the Local Government (General) Regulations 2005, Council accepts the Tender from Ultimate Security Australia Pty Ltd for the Contract F20/355 being the Security Services for the annual base amount of $128,184.00 exclusive of GST for a period of 3 years with an option to extend for 3 x 1 years.


Item 8.8 208

Background Wilson Security provided lock-ups (and unlocking) of Council public facilities and boom gates and security monitoring and call-out security patrols to the former Rockdale Council. Following the amalgamation, Wilson Security commenced provision of security services across the whole Bayside Local Government Area (LGA). Bayside Council’s contract with Wilson Security has expired and has been extended on a monthly basis until a new contract is established. This report outlines the tender process. A presentation on the tender process was given to Councillors at the GM Briefing Session on 24 March 2021.

The Tender Process Council invited open tenders for the Security Services on 17 September 2020. The Tender closed at 10am on 19 October 2020.

Tenders Received

Fifteen (15) Tender submissions were received, as follows (in alphabetical order):

1. Allied Security Management

2. Armor Security Pty Ltd

3. Australian Frontline Solutions

4. Bellrock Group

5. Business Security Management Solutions

6. Cosmopolitan Protection Services Pty Ltd

7. ECS International Security

8. Glad Security Pty Ltd

9. MA Services Group Pty Ltd

10. Quad Services Pty Ltd

11. Secom Australia Pty Ltd

12. Southern Cross Protection Pty Ltd

13. Tricorp Services Pty Ltd

14. Ultimate Security Australia Pty Ltd

15. Wilson Security Pty Ltd


Item 8.8 209

Directors and Location of Companies That Submitted a Tender:


Allied Security Management Allied Integrated Management owns all shares

PO Box 195 Bankstown NSW 2200

Armor Security Pty Ltd Diaa Abuhussein, the owner and sole director with100% shares

Unit 9 / 12 Homepride Avenue, Warwick Farm NSW 2170

Australian Frontline Solutions Matthew Harrison, Sole Owner

PO Box 544, Caringbah NSW 1495

Bellrock Group Rajan Duggal, sole owner and 100% shareholder

41-47 Thomsons Road, Keilor Park VIC 3024

Business Security Management Solutions

Saluto Pty Ltd, 100% shareholding 7, 91 Phillip Street, Parramatta NSW 2150

Cosmopolitan Protection Services Pty Ltd

Naveed Syed, sole Director/Secretary Level 2 247 Coward Street Mascot 2020

ECS International Security and Investigations

Riz Akbar, sole director

100 Victoria Road Parramatta NSW 2150

Glad Security Pty Ltd Steven Iloski with 100% ownership Level 3, 10 King St, Rockdale NSW 2216

MA Services Group Pty Ltd Micky Ahuja, sole owner Level 12, 440 Collins St Melbourne VIC 3000

Quad Services Pty Ltd David John Norman & Sandra Edith Norman, Directors and Owners

12 Carlotta Street, Artarmon NSW 2064

Secom Australia Pty Ltd Daisuke Imahoko, sole Director 43 Chandos St St. Leonards NSW 2065

Southern Cross Protection Pty Ltd

David John Medhurst, Managing Director; Patrick David Bourke, Director; Uday Singh, Director;

Michael John McKinnon, Director;

Devesh Desai, Director; Andrew Vlachos, Director

Suite 301, Level 3, 63-79 Parramatta Road, Silverwater NSW 2128

Tricorp Services Pty Ltd Ian England, sole director 52 Sorrell St, North Parramatta NSW 2151

Ultimate Security Australia Pty Ltd

Nassim Said – 50% shareholder

Nabil Said – 50% shareholder

30 Regent Crescent, Moorebank NSW 2170


Item 8.8 210


Wilson Security Pty Ltd Gary Alfred Koch,

Dudley Randolph Stow

Jose Da Silva

Level 3, Bishop’s See 235 St Georges Terrace Perth, WA 6000

Late Tenders No late tenders were received.

Assessment Methodology The tender submission assessment process and scoring are outlined in the confidential attachment to this report. A comprehensive assessment of the tender submissions was undertaken by the Tender Evaluation Panel. The assessment process has been undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005. The evaluation has been undertaken based on the conditions of tendering and the evaluation criteria as provided in the Request for Tender documents. The Tender submitted by Ultimate Security Australia Pty Ltd is comprehensive and includes a detailed understanding and methodology taking into consideration the site-specific requirements.

Tender Recommendation References were checked for Ultimate Security Australia Pty Ltd and it was found that Ultimate Security Australia Pty Ltd is a reputable contractor that delivers high quality services. Based upon the assessment criteria, the tender evaluation panel recommends acceptance of the tender from Ultimate Security Australia Pty Ltd for an amount of $128,184.00 exclusive of GST. Ultimate Security Australia Pty Ltd has in place insurances of $20 Million Public Liability and they have the statutory workers compensation policy in place. It holds a required Security

Master Licence and all security guards hold Class 1A licence as a minimum, and a First Aid

certificate. A full evaluation report is attached for your reference.

Financial Implications Not applicable ☐

Included in existing approved budget ☒



Item 8.8 211

Community Engagement Not Applicable.

Attachments 1 RFT F20355 Security Services Report (confidential)

Item 8.9 212


Item No 8.9

Subject Tender - SSROC 'Paving the Way' Road Construction Materials & Related Services


File F20/833

Summary This report recommends Council opts in to the Southern Sydney Regional Organisation of Councils (SSROC) contract for the “Paving the Way” Road Construction Materials & Related Services contract. Councillors were provided with an overview of this tender at the GM Briefing session held on 24 March 2021. This is the first time that there has been a combined tender for the use of Recycled Crushed Glass (RCG) in the construction of roads as a substitute for natural sand. There are 16 Councils involved in this tender including Councils outside of SSROC. To finalise the tender process and formalise the new contract, each participating Council is required to seek formal endorsement from their Council in accordance with the Local Government Tendering Regulations and Guidelines.




2 That Council endorses the decision by the SSROC tender evaluation panel to create panels of contractors, as detailed in the body of this report, for the supply of road construction materials and associated services.

Background In 2017 China introduced its National Sword policy and stopped importing waste materials. This revealed a shortage of end markets for materials such as glass. Innovative solutions are required to deal with materials and ensure they do not go to land fill. SSROC took the initiative to create an end market for recyclable glass by using Recycled Crushed Glass (RCG) in road making activities. The RCG would replace natural sand. It is estimated that the SSROC contract will recycle 70 million glass bottles per annum. At present there is an excess of recyclable glass resulting in stockpiling. In 2019, SSROC councils signed a Memorandum of Understanding (MoU) to prioritise recycled materials in procurement.


Item 8.9 213

It’s important to note, that the recycled materials are not inferior, but testing indicates that the product is such that it does not affect the life of the road and is a good replacement for natural sand (which is a finite resource). Transport for NSW (TfNSW) and AUS-SPEC have released an asphalt specification that specifies up to 2.5% RCG in the wearing course and up to 10% RCG in the base and subbase asphalt layers. The estimated value of this contract for the below mentioned councils is in the order of $80 million per annum. This includes not only SSROC Councils but also Councils that have joined the program. The councils are:

Bayside Council

Burwood Council

City of Canada Bay

City of Sydney

Georges River Council

Canterbury Bankstown City Council

Inner West Council

Randwick Council

Sutherland Shire Council

Waverley Council

Woollahra Council

Hornsby Shire Council

Northern Beaches Council

Ryde City Council

Willoughby Council The categories tendered are shown following:

1. Supply of Asphalt (including Recycled Crushed Glass (RCG) Asphalt) ex-Bin/Delivery. The work consists of the supply of a range of asphalt mixes for collection at the asphalt batching plant and/or the delivery of a range of asphalt mixes to any point within the Council area.

2. Supply and Lay Asphaltic Concrete. The work consists of supply and laying of a range of asphalt mixes by asphalt paving machine in any street within the Council area. Tenders were assessed on supply and lay of 2.5% RCG asphalt.


Item 8.9 214

3. Pavement Millings and Reinstatement (Mill & Fill). The work consists of road pavement profiling and/or asphalt pavement repair in accordance with the technical specification and general condition of contract and generally refers to full lane width, half road width or full road width.

4. Asphalt Pavement Patching. The work consists of the excavation of an existing road pavement to a required depth and width is to be carried out using a road profiling machine and shall place and compact the required layer thickness of the specified asphaltic mix (RCG 10%).

5. Concrete Pavement Patching. The work consists of the excavation of an existing road pavement to a required depth and width, is to be carried out by saw cutting and excavation by excavator with pneumatic rock breaker and shall place reinforced concrete as specified.

6. Pavement Stabilisation. The work shall consist of pavement testing, design, documentation of road pavement stabilisation to meet Council’s requirements. This includes both cement and foam stabilisation.

7. Pavement Rejuvenation Treatments. This includes preservation treatment of existing asphalt services, and crack sealing. Council currently spends in the order of $3 million on its annual road resheeting program. Council will now use these created contractor panels (in particular Mill and Fill) for the completion of these works using the recycled glass material where possible.

Procurement Process The contract term is for three years, subject to satisfactory performance, which will be determined by member councils and SSROC, with an option to extend for up to a further 2 years (being 1 plus 1 years). The invitation to tender was hosted by Bayside Council through Tenderlink and an advertisement placed in the Sydney Morning Herald. The advertising period was from 1 September 2020 to 2.30pm 13 October 2020. A pre tender briefing was held on 17 September 2020. An extension of time was given until 2.30pm 19 October 2021. The extensive time period was given owing to the complexity of the tender and possible COVID19 impacts. The tender received 27 submissions which is considered an excellent result. The following table shows submissions received and the directors of each company.


Item 8.9 215

No Company names in Alphabetical Order ABN Directors of the Company

1.

All Pavement Solutions Pty Ltd 69 620 127 586 Kobi Simmat

2.

ANJ Paving Pty Ltd 87 616 854 927 Andrew Debenjak

3.

Asphalt Laying Services 60 078 150 455 Allan White

4.

Bigeni Pty Ltd 39 135 460 285 Victor Bigeni

5.

Bitupave/ Boral Asphalt 53 000 102 376 Mike Kane

6.

Citywide Civil Works 58 169 599 106 Jennifer Alsaleh

7.

Civeco Pty Ltd 85 604 338 712 Nakhly Chidiac and Habib Saaab

8.

Colas Australia - later withdraw – duplicate submission with Colas Solutions

n/a withdrew

9.

Colas Solutions Pty Ltd 40 116 254 310 Jason Williams

10.

D & M Excavations 92 057 362 375 Mary Breen

11.

Downer EDI Works 66 008 709 608 Gana Varendran

12.

Fulton Hogan 54 000 538 689 Erwin Dumlao

13.

Hiway Stabilizers 40 150 650 150 John Boocock

14.

Mack Civil 94 163 885 943 Karim Mahmoud

15.

NA Group 12 127 022 324 Thomas Lentonn

16.

New South Wales Kerbing 98 152 369 796 Moussa Chahine

17.

Northshore Paving Co P/L 66 001 021 790 Ivan S.G. Tarjan

18.

Ozpave Aust Pty Ltd 97 101 338 069 Jason Curmi

19.

Planet Civil Pty Ltd 22 153 213 346 Mohamad EI Najjar


Item 8.9 216

No Company names in Alphabetical Order ABN Directors of the Company

20.

RL Civil Works Pty Ltd 26612566891 Natalie Fardous

21.

Roadworx 41 080 594 145 Christopher Cowie

22.

SAF Group 61 126 104 489 Bill Fardous

23.

Stabilised Pavements of Australia SPA 90 002 900 736 Paul Faux

24.

State Asphalt Services Pty Ltd 49 001 287 421 Rocky Giannetta

25.

State Civil Pty Ltd 88 159 352 271 Sam Kasab

26.

Stateline Asphalt Pty Ltd 76 138 667 759 Michael Harb

27.

T L Excavations Asphalting Pty Ltd 67 135 113 709 Luke Dimech

The evaluation panel was made up of representatives from a number of SSROC Councils and is detailed in the attached SSROC Executive Report. It should also be noted that Monica Kelly, from Prevention Partners, was also on the evaluation panel as probity advisor. The following contractors have their registered business in the Bayside Local Government Area: New South Wales Kerbing – 9-13 Bermill Street, Rockdale Planet Civil – 178/6 Princes Highway, Arncliffe RL Civil Works - Unit 27/54 Beach Street, Kogarah Stateline Asphalt - 18-20 Bermill St, Rockdale

Tender Outcome The following table shows the different tender categories and which tenderer successfully made it on each respective panel. The actual scoring and reasoning can be found in the attached SSROC Tender Evaluation Report.

1. Supply of Asphalt – Exbin/delivery

Bitupave/ Boral Asphalt ANJ Paving Pty Ltd

Downer EDI Works Fulton Hogan

State Asphalt Services Pty Ltd D & M Excavations

All Pavement Solutions Pty Ltd Northshore Paving Co P/L


Item 8.9 217

2. Supply and Lay Asphalt Downer EDI Works Planet Civil Pty Ltd

Bitupave/ Boral Asphalt Northshore Paving Co P/L

Fulton Hogan Asphalt Laying Services

State Asphalt Services Pty Ltd Mack Civil

NA Group RL Civil Works Pty Ltd

ANJ Paving Pty Ltd Citywide Civil Works

All Pavement Solutions Pty Ltd State Civil Pty Ltd

Stateline Asphalt Pty Ltd Roadworx

Ozpave Aust Pty Ltd D & M Excavations

3. Pavement Profiling and Reinstatement (Mill & Fill)

Downer EDI Works D & M Excavations

Bitupave/ Boral Asphalt Ozpave Aust Pty Ltd

Fulton Hogan Asphalt Laying Services

State Asphalt Services Pty Ltd Planet Civil Pty Ltd

All Pavement Solutions Pty Ltd Stateline Asphalt Pty Ltd

NA Group State Civil Pty Ltd

Roadworx ANJ Paving Pty Ltd

RL Civil Works Pty Ltd Citywide Civil Works

Mack Civil

4. Asphalt Pavement Patching Bitupave/ Boral Asphalt Citywide Civil Works

Fulton Hogan Northshore Paving Co P/L

Downer EDI Works Planet Civil Pty Ltd

D & M Excavations RL Civil Works Pty Ltd

NA Group Ozpave Aust Pty Ltd

ANJ Paving Pty Ltd Bigeni Pty Ltd

Stateline Asphalt Pty Ltd State Civil Pty Ltd

All Pavement Solutions Pty Ltd Asphalt Laying Services

T L Excavations Asphalting Pty Ltd

Mack Civil

5. Concrete Pavement Stateline Services Pty Ltd Bitupave/ Boral Asphalt


Item 8.9 218

Patching Civeco Pty Ltd Mack Civil

State Civil Pty Ltd D & M Excavations

NA Group Downer EDI Works

RL Civil Works Pty Ltd Citywide Civil Works

6. Pavement Stabilisation Downer EDI Works Hiway Stabilizers

Stabilised Pavements of Australia SPA

7. Pavement Rejuvenation treatments

Colas Solutions Pty Ltd RL Civil Pty Ltd

Downer EDI Works Stateline Asphalt Pty Ltd

The SSROC analysis of pricing states that there is no premium for the use of RCG. In the past Council has run a competitive process to obtain the best possible prices. It is recommended that Council use these pre-qualification panels through a competitive process to achieve the best possible prices for the large volumes of work. This report recommends that Council opt into this contract. Council requires a contractor to perform these services and elected to participate on the basis that suitable contractors could be sourced. The process has yielded a good selection of suppliers. It is envisaged that Council Officers will use the panels to source quotations for works as needed. This will ensure continued competition for work. Commissioning agreements will be signed with each supplier with the final steps being to complete any necessary inductions as well as creating new suppliers on our financial system, if needed.




Community Engagement Not Applicable

Attachments SSROC Paving the Way Tender Recommendation Report (confidential)

Item 8.10 219


Item No 8.10

Subject Tender - SSROC Stationery and Associated Products


File F16/25

Summary This report recommends Council opts in to the Southern Sydney Regional Organisation of Councils (SSROC) contract for Stationery and Associated Products. Councillors were provided with an overview of this tender at the GM Briefing session held on 24 March 2021. This is a renewal of an existing Stationery & Associated Products contract. To finalise the tender process and formalise the new contract, each SSROC participating Council is required to seek formal endorsement from their Council in accordance with the Local Government Tendering Regulations and Guidelines.




2 That Council endorses the decision by the SSROC tender evaluation panel to create panels of contractors, as detailed in the body of this report, for the supply of stationery and associated products.

Background The current Stationery and Associated Products contract expired in February 2021. It was agreed by the SSROC strategic supply management group to renew the contract. The categories tendered are: A. Supply and delivery of Stationery Products including the following sub categories:

Catering Supplies

Arts & Craft Supplies

General Office Products

Office Technology Products


Item 8.10 220

Additional products such as COVID Safety Products (Safety Products that may assist in the prevention of transfer of germs and COVID related illness)

Additional services such as automated refilling of stationery cabinets and sanitising stations

B. Supply and delivery of Copy Paper Products including Recycled papers (white and

colour), Carbon Neutral Papers & Virgin Papers C. Supply and delivery of Office Furniture and accessories Council currently uses Winc Australia Pty Ltd for the supply of Stationery products. For general office products, the Council spend is in the order of $145,000 per annum.

Procurement Process The contract term is for three (3) years subject to satisfactory performance, which will be determined by member councils and SSROC, with an option to extend for up to a further two (2) years (being 1 plus 1 years). The tender was advertised in the Sydney Morning Herald and Vendor Panel on Monday 28 September 2020. Tenders closed at 2.00pm on Thursday 27 October 2020. The following table shows submissions received and the directors of each.

Supplier Name Address ABN Directors

The Trustee for DRUIN NO 3 TRUST t/a Bowermans Office Furniture

15-21 Atkinson Rd, Taren Point NSW 2229

11 530 188 684 Alan Stephenson

Complete Office Supplies Pty Ltd

25 Nyrang Street, Lidcombe NSW 2141

92 001 634 715 Dominique Lyone

Corporate Consumables Group

69 Arena Parade, Officer VIC 3809

60 572 459 246 Peter Phosuphap

Fuji Xerox Australia Pty Ltd 8 Khartoum Road, Macquarie Park NSW 2113

63 000 341 819 Takayuki Togo

Krost Business Furniture Centre Pty Ltd

33 Ricketty Street, Mascot, NSW 2020

39 003 783 882 Gareth Krost

Tyron Krost

Office Choice Echuca 185 Annesley Street, Echuca, VIC 3564

20 118 932 102 Jeff Harris

United Unique Pty Ltd 35 Annfield St, Kellyville Ridge, NSW 2155

96 638 385 583 Lance Zhang

Winc Australia Pty Ltd 163 O’Riordan Street, Mascot NSW 2020

94 000 728 398 Glenn Gunstone

Two tenderers have their offices based in the Bayside LGA. Both suppliers have been recommended to participate in this panel arrangement.


Item 8.10 221

The evaluation panel was made up of representatives from a number of SSROC Councils and is detailed in the attached SSROC Executive Report. The following table shows the different tender categories and which tenderer made a submission to which category.

(Item 251 – laser labels; item 35,36 and 38 – laminating pouches)

Tender Outcome The following table shows the non-price and price scoring for Category A products (General Stationery only). There were only 2 submissions for this category from Complete Office Supplies and Winc Australia. The scores are the average scores across the regular basket of goods, the Sustainable selection, and Home Branded selection. Overall, the best value for money supplier is Winc Australia.


Item 8.10 222

Council’s spend on Stationery is in the order of $145,000 per annum. As the contract term is 3 years with options, a Council report is required. The percentage spend on each product type is shown in the following table.

Product Type Expenditure % of Spend

General Stationery $96,000 66.2%

Home Brand Products $18,000 12.4%

“Sustainable” Products $31,000 21.4%

ALL $145,000 100%

The change in contract pricing is shown in the following table.

Product Type % Change on Old Contract

General Stationery -5.5%

Home Brand Products -8.8%

“Sustainable” Products +8.2%

With respect to Category B (paper), Council will not be participating in this category as Council has just recently entered into a contract for Copiers and this includes paper. A comparison of rates shows that the Copier contract paper is in the order of 10% cheaper than that offered in this SSROC contract. With respect to Category C (Office furniture and accessories), a pre-qualification panel incorporating all the tenderers was considered the best and most flexible outcome. This is based on the diversity of products across the suppliers. The following were the recommended Panel suppliers for each category: Category A. Supply and delivery of Stationery Products:

Complete Office Supplies

Winc Australia Pty Ltd Category B. Supply and delivery of Copy Paper Products including Recycled papers (white and colour), Carbon Neutral Papers & Virgin Papers:


Fuji Xerox Australia Pty Ltd

Winc Australia Pty Ltd


Item 8.10 223

Category C. Supply and delivery of Office Furniture and accessories:

The Trustee for DRUIN NO 3 TRUST T/A Bowermans Office Furniture


Krost Business Furniture Centre Pty Ltd

Winc Australia Pty Ltd This report recommends to only opt in to Category A and Category C. This report recommends that Council opt into this contract as detailed above. The contract is for a period of 3 Years with 2 X 1 year options. Council requires a contractor to perform these services and elected to participate on the basis that a suitable contractor(s) would be sourced. This process has yielded a good selection of suppliers. If Council endorses this report, Council officers will issue commissioning agreements to the suppliers advising them that Council will use these services and hence, the supplier must provide the agreed rates as specified in the SSROC Master Agreement. At that point Council may elect a primary provider that offers best overall value for money. However other suppliers on the panel may also be used. The final steps would be to complete any necessary inductions as well as creating new suppliers on our financial system if necessary.




Community Engagement Not Applicable

Attachments SSROC Stationery Tender Evaluation Report (confidential)

Item 8.11 224


Item No 8.11

Subject IPART Review of Rate Peg to Include Population Growth - Bayside Council Submission


File SF20/4213

Summary On 14 December 2020, the Minister for Local Government asked IPART to recommend a rate peg methodology that allows the general income of councils to be varied annually on a total basis to take into account population growth. On 25 March 2021, IPART released its issues paper on the review of the current system for setting local government rates revenue (the ‘rate pegging system’) to consider population growth (the Issues Paper). The Issues Paper sets out IPARTs proposed approach to the review of the rate pegging system including areas across which stakeholder feedback is requested. IPART has invited submissions and feedback on the Issues Paper on or before Monday 3 May 2021. Due to the timing of the release of the Issues Paper on 25 March 2021 (2 weeks prior to the April 2021 Council meeting) and deadline for providing submissions falling on 3 May 2021 (prior to the May 2021 Council meeting), Council officers will not be able to collate the feedback in time for business papers to be published and formally endorsed by Council. It is therefore requested that Council delegate responsibility to the General Manager for preparing and making a submission on the Issues Paper to IPART based on information presented in this report in order to meet the 3 May 2021 deadline.


1 That Council receive and note the report on IPART Issues Paper on the review of the current system for setting local government rates revenue (the ‘rate pegging system’) to consider population growth;

2 That Council note the timing of the release of the Issues Paper (25 March 2021) and deadline for providing submissions (3 May 2021);

3 That Council delegate responsibility to the General Manager for preparing and making a submission on the Issues Paper to IPART based on the issue assessment and information presented in this report in order to meet the 3 May 2021 deadline.


Item 8.11 225

Background

A. Review of NSW Local Government “Rate Pegging System” The current rate pegging system in NSW sets the maximum percentage by which councils may increase its revenue from general income for the year. General income mainly comprises rates revenue, but also includes certain annual user charges. It excludes stormwater and waste charges and water and sewerage charges.

The rate peg percentage does not expressly account for or recognise the additional pressure on cost of providing services to a growing population.

If councils seek to increase its general income by more than the rate peg, approval for a “special variation” to the rate peg must be obtained from IPART.

A more sustainable and efficient rate peg system which recognises the additional cost pressure of population growth, would allow councils to function more efficiently and continue to deliver high quality services as demanded by their communities.

In recognising this drawback, the Minister for Local Government has instructed IPART to commence a review of the current local government rate pegging system to consider population growth, pursuant to section 9 of the Independent Pricing and Regulatory Tribunal Act 1992.

On 25 March 2021, IPART released its issues paper on the review of the current system for setting local government rates revenue (the ‘rate pegging system’) to consider population growth (the Issues Paper). The Issues Paper seeks to understand (through stakeholder feedback) the impact of increases in population on councils’ ability to provide services to their communities. In obtaining this understanding, IPART is reviewing the impact of population on both regional and metro councils.

As well as reviewing the role of rate pegging on council’s general income, IPART are also considering the other types of income councils can source to cover the costs of growth (e.g. developer contributions and special variations).

B. Indicative timeline of IPARTs review: PARTs Issues Paper specifies the timeline as shown below. Appropriate stakeholder engagement has been incorporated as part of the process.

March 2021 – Issues Paper released (submissions due 3 May 2021)

May 2021 – Workshops held with stakeholders

June 2021 – Draft report released

August 2021 – Public hearing

September 2021 – Final Report


Item 8.11 226

C. Key Elements of Understanding This section of the report aims to summarise the key elements of the Issues Paper that are critical in understanding the underlying objective of IPARTs review.

(i) The Current Rate Peg IPART under delegation of the Minister for Local Government, calculates the annual rate peg by reference to the Local Government Cost Index (LGCI) and improvements in productivity (a productivity factor). The Issues Paper stipulates that the average rate peg set by IPART has been around 2.5% per year. The LGCI that gets factored into the rate peg calculation reflects the increase in costs by the average council (i.e. price factor). Similar to CPI, the LGCI measures the average change in prices of a fixed “basket” of goods and services that are purchased by councils, relative to the prices of the same basket in a base period. Of the 26 components that make up the LGCI, the 5 largest (as show below) comprise 79% of the total costs:

a Employee benefits and on costs – 38%

b Construction works – 22%

c Other misc. expenses, Councillor and Mayor fees – 9%

d Other business services – 6%

e Buildings non-dwellings – 4%

(ii) Other Sources of Council Income

Developer Contributions

Developer contributions are charged by councils when new development occurs to cover the cost of providing infrastructure such as parks, roads and stormwater drainage. It is important to note that while developer contributions provide for the initial construction costs of base-level infrastructure, it does not provide for the operating and on-going maintenance costs of this infrastructure or increase in volume of services demanded by the additional population.

Supplementary Valuations (“Growth”)

Councils can also receive additional income over and above the rate peg limit through “supplementary valuations” (also known as “growth” in rates). Growth is achieved through changes in land category, changes to the rate base through sub-divisions and new developments, etc.

Additional rates from supplementary valuations can be collected through:

New supplementary valuation triggered through change in land category or development;


Item 8.11 227

Existing rates extinguished via subdivision (i.e. parent property is removed from rates database and replaced by new sub-divided properties);

New rates calculated using existing rates and charges; and

Creation of new notional income through application of the rate peg and other variations to a new rate base.

While councils, to some extent, can use these additional incomes to cover increased operating costs of services and asset maintenance, there are certain limitations. On average, councils receive less income from rates for each new resident from supplementary valuations compared to existing residents which creates inequity. There are also some types of developments such as granny flats which result in increased population but does not trigger additional rates revenue.

Special Variations

Councils can also fund the costs of population growth by applying to IPART for a special variation to increase their general income by more than the rate peg where councils are required to demonstrate the need for additional revenue, evidence of community consultation and impact on affected ratepayers.

A special rate variation (i.e. Infrastructure Levy) currently exists on the ratepayers of local government area of the former Rockdale City Council. This infrastructure levy is collected for the purpose of upgrading and maintain public infrastructure specifically on the local government area of the former Rockdale City Council. No such special rate variation exists on the ratepayers across the former City of Botany Bay Council local government area.

(iii) NSW Population Growth A key factor in IPARTs recommended rate peg methodology will be the basis on which population growth factor is derived. Historical growth rates have shown that NSW’s population grew at the rate of 1.5% per annum over the past 5 years. Projected growth rates indicate that population will continue to grow across the state, however the rate of growth will vary by LGA and likely to be more concentrated in metropolitan areas. NSW Department of Planning, Industry and Environment (DPIE) is projecting NSW’s population to grow by 1.4% each year over the next 5 years. Population data can be sourced from a number of methods each with its pros and cons:

Historic Growth can be obtained from ABS Historic Data (2-year lag);

Projected growth can be obtained from DPIE projections;

DPIE projected growth can be adjusted for historic growth based on actual ABS data; or

Blend of ABS historic growth and DPIE projected growth can also be used.


Item 8.11 228

(iv) Incorporating the Population Growth Factor into the Rate Peg The current rate peg is calculated as follows: Rate Peg = Change in LGCI – Productivity Factor + Other Add-ons

The review is looking at determining and then incorporating a population growth factor as follows: Rate Peg = Change in LGCI – Productivity Factor + Other Add-ons + Population Growth Factor

Additionally, consideration needs to be given to various “Council-Specific” factors when determining the population growth factor. IPART have listed (per below) a number of options that could be considered when incorporating council specific factors into the population growth factor.

Factors specific to LGAs.

Factors by geographic cohorts of LGAs.

Factors grouped by LGAs with similar growth bands.

Factors for LGAs that meet a threshold level of growth.

D. Feedback Format IPART is seeking feedback from Council’s on its Issues Paper in the form of the 12 questions listed below:

Impact of population growth on cost of council services

1. What council costs increase as a result of population growth? How much do these costs increase with additional population growth?

2. How do council costs change with different types of population growth?

3. What costs of population growth are not currently funded through the rate peg or developer contributions? How are they currently recovered?

4. Do you have any views on the use of the supplementary valuation process to increase income for growth, and whether this needs to be accounted for when incorporating population growth in the rate peg?

NSW population growth data

5. Are there sources of population data we should consider, other than ABS historical growth and DPIE projected growth data?

6. Is population data the best way to measure the population growth councils are experiencing, or are there better alternatives (e.g. number of rateable properties or development applications, or other)?


Item 8.11 229

Incorporating council specific factors in the population growth factor

7. Do you think the population growth factor should be set for each council, or for groups of councils with similar characteristics? How should these groups be defined?

8. Should we set a minimum threshold for including population growth in the rate peg?

9. What is your view on the calculation of the growth factor – should we consider historical, projected, projected with true-up, a blended factor or another option?

10. How should the population growth factor account for council costs?

11. Do you have any other comments on how population growth could be accounted for?

Proposed engagement process and timeline

12. Do you have any comments on our proposed review process and timeline?

E. Impact of Population Growth on Bayside Council The table below shows the population growth cross the Bayside LGA for the past 5 years based on ABS data.

Year (ending June 30)

Population

Year on year

population growth

Year on year

population growth - %

Cumulative population

growth - Bayside LGA

Cumulative population growth % -

Bayside LGA

2013 151,499

2014 155,293 3,794 2.5% 3,794 2.5%

2015 159,627 4,334 2.8% 8,128 5.4%

2016* 164,534 4,907 3.1% 13,035 8.6%

2017 170,266 5,732 3.5% 18,767 12.4%

2018 174,218 3,952 2.3% 22,719 15.0%

2019 178,396 4,178 2.4% 26,897 17.8%

[Source: Australian Bureau of Statistics] * Bayside Council was proclaimed in September 2016 through an amalgamation of the former Rockdale City Council and former City of Botany Bay Council.

Between 2014 and 2019, Bayside Council population grown on average 2.7% per annum (and 17.8% on a cumulative basis) which is greater than the NSW state average of 1.5% per annum for the same period as stipulated in IPARTs Issues paper. Further to this, DPIE’s 2019 population projections indicate that the population of Bayside is estimated to increase by 70,050 people (approx. 43%) between 2016 and 2041, from 164,550 to 234,600. The working age population (aged 15-64) is estimated to increase from 114,350 in 2016 to 152,150 in 2041, an increase of 37,800 (33%). This is not unreasonable to assume given


Item 8.11 230

Bayside Council’s proximity to the Sydney CBD and major ports of entry (Sydney Airport and Port Botany). The number of households are projected to increase by 28,850 (47%) for the same period from 61,050 to 89,900. The average household size is expected to hold steady at approx. 2.56 people per household which indicates that the growth will mainly be driven by brownfield development (high rise apartment units) occupied by couples and smaller family units. As a result, population density is expected to increase by approx. 14 persons per hectare (42.6%) for the same period from 32.9 persons per hectare to 46.9 persons per hectare. The increased population coupled with heavy population density will place enormous pressure on the demand for public infrastructure. Bayside Council’s current financial modelling shows that there is a significant infrastructure renewal funding gap over its 10-year Long Term Financial Plan (LTFP). Consequently, it is proposed that Bayside Council’s submission to IPART will be based on the following:

Factoring population growth into the annual calculation of rate peg limits is necessary as this will assist Council in levying an appropriate level of rates to cater for some of the increased demand of a growing population for services and infrastructure (new and renewal);

Council is also of the view that the determination of the population growth factor should be based on forward looking projections adjusted annually with a retrospective review of actual growth; and

The population factor should not be a standard “one size fits all” approach and should take into account the varying degrees of council specific factors across the state.

Due to the timing of the release of the Issues Paper (25 March 2021) and deadline for providing submissions (3 May 2021), Council officers will not be able to collate the feedback in time for business papers to be published for the April (current) Council meeting. It is therefore requested that Council delegate responsibility to the General Manager for preparing and making a submission on the Issues Paper to IPART based on information presented in this report in order to meet the 3 May 2021 deadline.

Financial Implications Not applicable ☒ There are not immediate financial implications but

may have future implications. Council’s feedback will be taken into consideration in IPARTs recommendation of a “rate pegging system” that incorporates population growth. The new rate peg methodology may have a positive impact on Council’s long term financial sustainability as it will allow council to collect more revenue from in the future from general rate income to cater for the public infrastructure demands of a growing population.


Item 8.11 231

Included in existing approved budget

☐


Community Engagement Not applicable

Attachments 1 IPART Issues Paper - Review of the Rate Peg to Include Population Growth ⇩ 2 Bayside Council - 2019 NSW Population Projections (DPIE) ⇩

Item 8.12 251


Item No 8.12

Subject Draft 2018-2022 Delivery Program, 2021-2022 Operational Plan, 2021-2022 Budget, 2021-2022 Fees & Charges + City Projects Program for Public Exhibition


File SF21/645

Summary The Local Government Act 1993 regulates an Integrated Planning and Reporting (IPR) framework for all NSW Councils. Accordingly, every year Bayside Council is required to create an Operational Plan for the next financial year and review the existing Delivery Program (DP). These documents are intended to respond to the vision and aspirations set out by the community in the Community Strategic Plan (CSP). This is the last year of the current CSP and DP. New documents will be developed in 2021-22 for the ensuing years. The draft Operational Plan projects a budget cash surplus of approximately $40,913 for 2021-22 with existing service levels maintained or enhanced. A capital works program is provided of approximately $49.9 million. The projected rates revenue has only been increased by the IPART approved rate peg limit of 2%. However, Council is approaching the end of the ‘rate freeze’ period for amalgamated councils and therefore it is required (under current legislation) to undertake a review of its rating structure with the objective of establishing one rating structure to be implemented across the whole Bayside Local Government Area (LGA) by 1 July 2021. The NSW Government has proposed new legislation covering the rates harmonisation process, but at this stage it has not been approved. Therefore, considering the current legislative uncertainty, Council has developed three scenarios for its revenue policy based on the possible outcomes with regard to the proposed legislation and Council’s minimum rate applications which have been submitted to IPART and the Office of Local Government (OLG). This report outlines some of the Long-Term Financial Sustainability challenges facing Council, specifically addressing future deficit operating results excluding capital and reserve movements, as well as a forecasted asset expenditure funding shortfall of around $124 million over the next 10 years. The report identifies a number of options available for Council to consider for inclusion as part of the next update to the Long-Term Financial Plan. While a number of actions will be able to be implemented, it is unlikely the overall long term funding shortfall will be addressed in its entirety without Council contemplating some form of Special Rate Variation in the future to achieve ongoing long term financial sustainability without significantly decreasing services.


Item 8.12 252

Officer Recommendation 1 That Council receives and notes the report.

2 That Council approves the draft 2018-22 Delivery Program and draft 2021-22 Operational Plan and Budget as well as the 2021-22 Fees & Charges, as attached to this report, to be placed on public exhibition for 28 days for comment by the community.

3 That Council note:

3.1 The Long-Term Financial Sustainability section in this report and the requirement for this Council and future Councils to begin implementing corrective sustainable actions as part of the update to the Long-Term Financial Plan and adoption of future budgets.

3.2 That while there are a number of options for Council to consider in addressing the overall long term funding shortfall, it is unlikely it will be able to be addressed in its entirety without contemplating some form of a Special Rate Variation in the future to achieve ongoing long term financial sustainability without significantly decreasing services.

Background The Local Government Act 1993 regulates an integrated planning and reporting (IP&R) framework for all NSW councils. Accordingly, every year Bayside Council creates an Operational Plan for the next financial year and review the existing Delivery Program. These documents are intended to respond to the vision and aspirations set out by the community in the Community Strategic Plan. This Delivery Program shows Council’s response to the community’s long-term goals, identified through community engagement, and documented in the Community Strategic Plan. It is a commitment to our community from the elected Council and identifies the actions our organisation will take to work towards that commitment. The Operational Plan for 2021-22 sits within the Delivery Program (see Attachment 1). It sets out the actions and projects that will be undertaken by Council in 2021-22 to achieve the commitments made in the Delivery Program.

2021-22 Operational Plan Highlights A sample of highlights from the 2021-22 Operational Plan include:

Theme One - In 2030 Bayside Will Be a Vibrant Place

Conduct litter collection along 8km of beachfront mechanically

Enforce NSW Road Rules School Parking Patrol Program

Undertake 50 asset condition audits for Council owned buildings

Finalise feasibility study into Bayside East Flood mitigation options


Item 8.12 253

Deliver Sculptures @ Bayside & photography competition.

Theme Two - In 2030 Our People Will Be Connected in a Smart City

Review 10-year Community Strategic Plan and develop a new 4-year Delivery Program & 1-year Operational Plan

Undertake Play Space Renewal & Shade Improvement Program

Implement new online services and smart forms for the community

Conduct minimum of 4 Food handling Workshops with food shops across our Local Government Area

Develop and maintain the 'Talking Bayside' Community Panel.

Theme Three - In 2030 Bayside Will Be Green, Leafy and Sustainable

Undertake 22 annual recycling drop events per year

Carry out turf maintenance of approximately 400 parks and reserves and approximately 150 lineal kilometres of grass verges

Implement Botany Bay Foreshore Beach Flood Plain Risk Management Study and Plan

Undertake the management of essential waste and recycling services to over 62,000 households

Finalise Bayside West Floodplain risk management study.

Theme Four - In 2030 We Will Be a Prosperous Community

Review and address Long-Term Financial Sustainability challenges

Implement the Bayside Employment and Economic Development Strategy to identify opportunities for activation of local areas

Deliver Councillor Induction Program

Support the Local Government Election process

Develop & Implement a Customer Experience Strategy

Deliver effective and competitive Complying Development (CDC) and Construction Certificate (CC) Services.

2021-22 Financial Overview The Financial Plan has been developed within an overall planning framework which guides Council in identifying community needs and aspirations over the life of the Delivery Program. The Financial Plan outlines the financial resources required and how they will be used to achieve our Operational Plan outcomes. The Plan forecasts a cash surplus of $40,913 for 2021-22. This has been achieved by using the following parameters:


Item 8.12 254

Rate Peg set by IPART is 2.0%

Council’s approved Rates Harmonisation Strategy (Ordinary meeting 10 February 2021)

Operational income indexed by CPI at 2.1%

Full Time Equivalent staff of 761 (excluding casuals)

Operational expenditure indexed by the components of the LGCI (Local Government Cost Index)

Proposed new external borrowings of $1.5 million in the 2021-22 financial year as part of the funding strategy for the Barton Park upgrade project.

As with many councils in NSW, Bayside Council is faced with the issue of costs increasing at a greater rate than our revenue base. As an amalgamated Council, Bayside Council continues to examine strategies to address this issue.

Council’s Rating Structure and Rate Harmonisation Strategy The Local Government Act was amended in 2016 requiring all amalgamated Councils to maintain the rate path for the former Councils for a period of 4 years. This was labelled as a ‘Rate Freeze’ and meant that the rating structures for former City of Botany Bay Council and former Rockdale City Council were to stay in place until the freeze was lifted, with rates to only increase by the approved IPART rate pegging limit each year. Under current legislation, at the expiry of the ‘rates freeze’ period (30 June 2021 - as amended) all amalgamated councils are required to undertake a review of their current rating structures with the objective of establishing one rating structure to be implemented across the amalgamated local government area, known as Rates Harmonisation. At Bayside Council’s Ordinary Council meeting on 10 February 2021, Council resolved on its preferred rate harmonisation strategy and rating structure which is summarised below:

Establishment of Harmonised Rating Categories and Sub-Categories The Local Government Act requires land to be categorised according to their dominant use as either residential, farmland, mining, or business where the business category is the default category. The current business and residential rating structures of the former Councils are different. While both former Councils have a single residential rating category, the former City of Botany Bay Council has multiple business subcategories compared to former Rockdale City Council which has a single ordinary business rating category. The following new rating categories and sub-categories are to be established as part of the rates harmonisation process:

Residential - Ordinary

Business - Ordinary

Business - Industrial

Business - Port Botany


Item 8.12 255

Business - Mall

Farmland As part of Council’s rate harmonisation strategy, Council’s preference is to gradually increase the current former City of Botany Bay minimum rate of $553.62 (over 4 years) up to the former Rockdale City Council minimum rate of $768.52 (plus IPART rate peg) such that the minimum rates of the former councils are harmonised at the start of the 2024-25 financial year (i.e., 1 July 2024) across all ordinary rating categories and sub-categories as shown in the table below. Table 1

Rating Year (Starting 1 July)

Minimum Rate Former City of Botany Bay ($)

Minimum Rate Former Rockdale City ($)

2020-21 553.62 768.52

2021-22 626.26 783.89

2022-23 698.89 803.49

2023-24 771.53 823.57

2024-25 844.16 844.16

Over the 4-year harmonisation timeline, the year-on-year minimum ordinary rate for the former Rockdale City Council will only increase by the annual IPART rate peg whereas the minimum ordinary rate for the former City of Botany Bay Council will increase (year on year) at a higher rate over and above the rate peg (as show in the table above) such that in the 2024-25 financial year, the minimum rates for both former councils are the same (harmonised). As a result of the uncertainty as to whether legislation will be amended to allow for a gradual harmonisation of rates, the revenue policy includes three possible scenarios that could eventuate. These are presented below in order of preference and likelihood.

Scenario Assumptions Impact

1 IPART application is approved1; and

The rates Bill is approved by the NSW Parliament.

Minimum ordinary rates and ad-valorem ordinary rates harmonised over a 4-year period.

2 IPART application is approved1; and

The rates Bill is NOT approved by the NSW Parliament.

Minimum ordinary rates are harmonised over 4 years.

Ad-valorem ordinary rates are harmonised over 1 year

3 IPART application is unsuccessful.

The rates Bill is NOT approved by

Minimum ordinary rates and ad-valorem ordinary rates are harmonised over 1 year


Item 8.12 256

Scenario Assumptions Impact

the NSW Parliament; and

The Deputy Secretary approves Council's application to OLG (upon unsuccessful IPART application).1

1 As part of the application to OLG, Council has requested that The Deputy Secretary only issue a decision on Councils application after the outcome of the IPART minimum application is known and only if Councils application with IPART is unsuccessful.

All rating scenarios can be found in the 2021-22 Draft Delivery & Operational Plan (Attachment 1 to this report – pages 58-59).

2021-22 City Projects Program Highlights The draft 2021-22 City Projects Program totals $49.985 million, with funding allocated to the following programs:

Asset Program Budget (2021-22)

Asset Planning and Systems $720,000

Beaches and Waterways $308,925

Buildings - new and improvements $1,635,000

Buildings - Renewals and Rehabilitation $4,333,000

IT and Communications $650,000

Library book purchases $500,000

Open Spaces - Active Parks $11,266,256

Open Spaces - Passive Parks $3,165,000

Open Spaces - Playgrounds $4,872,661

Plant, Fleet & Equipment $5,229,000

Roads and Transport - Bridges and Structures $75,000

Roads and Transport - Pedestrian Access and Mobility $2,615,000

Roads and Transport - Road Pavements $2,114,830

Roads and Transport - Traffic and Road Safety $5,785,000

Roads and Transport - Car Parks $445,000


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Asset Program Budget (2021-22)

Stormwater Drainage - Drainage Infrastructure $4,760,000

Stormwater Drainage - Water Quality $70,000

Thriving Town Centres $1,440,000

Total: $49,984,672

The following table is a summary of the funding sources allocated to fund the draft 2021-22 City Projects Program:

Funding Source Amount ($’000)

Infrastructure Levy Reserve (former Rockdale SRV) $14,062

Section 7.11 Developer Contributions $12,099

Grants $8,653

Other Reserves $8,041

Plant and Equipment Reserve $4,738

General Funds $1,070

Domestic Waste Reserve $561

Strategic Priorities Reserve $500

Stormwater Levy Reserve $160

IT Reserve $100

Total: $49,985

Examples of the projects to be delivered as part of this program are:

Botany Pool Upgrades

The planned upgrades include:

New family friendly adventure water play facilities

3 new adventure water slides

New splash pad


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New outdoor family friendly amenities and change rooms

New plant and equipment for the new facilities

Barton Park Recreational Precinct

This upgrade will provide a welcoming space with accessible facilities, good lighting, walking and cycling connections to open space along the Rockdale Wetlands Corridor. In addition, it will provide the growing population of Arncliffe, Banksia and Wolli Creek access to a variety of recreational activities, including organised sport, family outings, bird watching, and environmental education opportunities. The project will include the delivery of:

3 x full size turf fields with lighting

New tiered grandstand with covered seating

Sporting amenities including change rooms, canteen, toilets, storage, first aid room

Fitness walking/running tracks and fitness equipment

BBQ area, picnic shelters, cycleways / sharepath and seating.

Bexley Town Centre Upgrades

The proposed upgrades are intended to revitalise the town centre by improving amenity, liveability, accessibility and safety. This will include new pavements aimed at minimising the impact on businesses from the recent extension of clear zones. Some of the key elements of the project include:

New pavements of high quality exposed aggregate concrete

New street furniture and signage

New trees and landscaping to screen pedestrians from busy Forest Road, lowering temperatures and creating a welcoming space for outdoor dining;

Landscaping and measures to improve traffic circulation in the Albyn Street Council carpark.

Depena Playspace

We have an exciting new upgrade planned for this playspace, including updated playground equipment, nature play, new furniture and landscaping. The key elements of this project include:

Inclusive playground equipment and furniture

Nature play and sensory play

Upgrades for the existing swings and slides

Vibrant new shade sails and wetpour rubber

Safer access from the carpark and replacement of existing fencing.


Item 8.12 259

Dolls Point Café

This project includes the replacement of the existing cafe at Depena Reserve, on Russell Avenue near Malua Street, Dolls Point. A Development Application is currently being prepared and will need to be assessed and approved before the facility can be constructed. The new building is proposed to include the following improvements:

New fully accessible cafe with associated kitchen, storage and amenities

Outdoor dining

Public amenities including one accessible toilet and one unisex family toilet

New footpaths to connect the cafe with the playground, carpark and reserve

Upgrade to the carparking to improve community safety

Bonar Street Stormwater - Stage 2

The works proposed as part of stage 2 include:

Construction of 3600mm x 1200mm and 1800mm x 900mm RCBC culverts under the road at Bonar Street connecting to the existing culvert under Bidjigal Road

Sydney Water Corporation Sewer relocation and Water main relocation works to accommodate the culvert construction works

Ausgrid Electrical relocation including lighting upgrade

Jemena low pressure gas service relocation

Telstra and NBN service relocation to accommodate wider street bend

Ancillary works like re-constructing and re-sheeting the existing road, re-constructing the existing footpath, creating parking bays, constructing kerb & gutter and access ways.

Footpath - Rosebery Shops

The Footpath Rosebery Shops upgrade will include the following proposed treatments:

Concrete unit paving in the commercial zone

Insitu concrete in the residential zone

Paved crossings and augmented kerbs (where possible) at side streets to create safer environment for pedestrians

Ground level kerb side landscaping

Feature street tree planting where there are no awnings

Small tree planting under awnings

New furniture including seats, bike racks, bins.


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2021-22 Fees & Charges Fees and charges for 2021-22 have been reviewed to ensure that the existing fees recover all costs, including overheads. Where possible fees have been indexed in line with CPI (2.1%). The draft Fees and Charges for 2021-22 are included in Attachment 2 to this report. Several new fees have been introduced in 2021-22 to recover some of the cost of a service or provide a better way of charging users for use of services and facilities. There are also several fees that have been reviewed and increased more than the standard CPI (2.1%). Generally, the fees that are included in this category are priced to recover a more reasonable value for the service, better reflecting the cost incurred in providing the service. This will position Council to achieve cost recovery objectives, as well as realise administrative efficiencies for customers and staff. A summary of key changes proposed to the fees and charges for 2021/22 is provided in Attachment 3 to this report.

Long-Term Financial Sustainability In the local government sector there are a number of key performance indicators that highlight a council’s long term financial sustainability, which focus on the operating result excluding capital revenue, infrastructure asset renewal ratio and asset maintenance ratio. The cost of goods and services increase each year by an amount greater than our income because of several income constraints (such as rate pegging and other regulations on pricing). This creates a structural financial problem referred to as the ‘Income Gap’. Council does everything within its control to manage the Income Gap by:

pursuing grants

maximising discounts through government supply contracts and bulk buying

working collaboratively with neighbouring councils

maximising returns on investments

striving for efficiencies and continuous improvements. The draft 2021-22 budget is forecasting a surplus cash budget of $40,913. However, it is important to note that the draft 2021-22 budgeted operating result excluding capital and reserve funding is a deficit of around $7.8 million.

Operating result - Cash Budget Result compared to Operating Result excluding capital and Reserve Funding: It is important to understand the factors that impact on the ‘cash budget result’ compared to the budgeted ‘operating result excluding capital and reserve funding’. In summary, the ‘cash budget result’ is the net budget result for all income and expenditure items in the budget, inclusive of capital income and expenditure and funding allocated in the budget from existing financial reserves. It is important for sound financial management for the ‘cash budget result’ to reflect a surplus position.


Item 8.12 261

In terms of the ‘operating result excluding capital and reserve funding’, this is based on only the operating income and operating expenditure budget items. It excludes all capital income and capital expenditure, as well as all financial reserve movements which are factored into the overall budget. This measure is used to assess the long-term financial sustainability of an organisation over the long term (typically a 10 to 20 year horizon). While it is acceptable to have one-off deficits for this measure; it is not appropriate to have ongoing recurring deficits over the long term. If not addressed, this will ultimately result in the organisation having financial difficulties in meeting its financial commitments in the future and maintaining and replacing its assets. As mentioned previously, the draft 2021-22 budget is forecasting that Council will be adopting an operating deficit before capital income of around $7.8 million. This result is due to a combination of:

a decrease in investment income, due to the historically low interest rate environment

increases in operating expenses, due to new services coming online

one off expenditure budget of $800,000 for the upcoming Council election which will be funded from existing financial reserves

increased depreciation expenditure, due to the revaluation of assets and new assets being brought online since the formation of Bayside Council.

To a large extent though, the forecast deficit for the operating result excluding capital and reserve funding is largely attributable to Council not being able to fully fund its depreciation expense. Our depreciation expense has increased over the past few years as Council has delivered new, more functional and aesthetically pleasing assets which come at a higher cost and a higher associated maintenance and depreciation costs, in addition to now also having a more accurate and complete inventory of all infrastructure assets based on updated condition and valuation assessments that have been undertaken over the past few years.

Long-Term Asset Expenditure Funding Challenges: As detailed to Council in previous reports (9 September 2020), workshops and most recently at the General Manager Briefing Session for Councillors held on 30 March 2021, Council has a forecasted infrastructure maintenance and renewal funding shortfall in the order of $124 million over the next 10 years. This means Council does not have enough capacity in the current budget to meet its infrastructure maintenance and renewal requirements as and when they fall due. This is based on modelling of our infrastructure assets which aligns with Council's Asset Management Strategy, existing asset management policy and asset management practices. This modelling is underpinned by Council’s asset management data which incorporates the most recent information based on regular inspections and valuations of all key assets. This approach to asset management involves the application of 10-year modelling of maintenance and renewal requirements based on condition assessments, statistical analysis of historical asset investment, existing asset conditions, together with the prioritisation of new or upgraded services. This process informs the preparation of the City Projects Program and enables a longer-term focus towards the consideration of works required in future years.


Item 8.12 262

Asset Maintenance Ratio equals 69% for 2021/22 and a projected long term asset maintenance funding shortfall of $40 million over the next 10 years ($4 million annually) In assessing how well a council is maintaining its assets, the industry utilises an indicator known as the asset maintenance ratio. This ratio assesses a council’s actual expenditure on maintenance of its assets compared to the required expenditure on asset maintenance. The target for this ratio is to achieve an average of greater than 100% over a rolling 3-year period. Unfortunately, without any additional funding allocated towards asset maintenance in the future, this ratio is forecast to decline to around 70% over the next 10 years. This represents a funding shortfall of around $40 million over the next 10 years or $4 million annually for asset maintenance. Based on the draft 2021/22 budget, the asset maintenance ratio is forecast to be 69%. If the long-term asset maintenance funding gap is not addressed, it will progressively impact the quality of Councils assets and the community’s ability to properly utilise and access those assets into the future.

Asset Renewal Ratio equals 91% for 2021/22 and a projected asset renewal funding shortfall of $84 million over the next 10 years ($8.4 million annually) In addition to asset maintenance, all NSW councils are assessed on how well they renew their existing infrastructure assets. The industry utilises an indicator known as the buildings and infrastructure renewals ratio. This ratio compares the actual renewal expenditure on buildings and infrastructure assets compared to the annual depreciation for those assets. Again, the industry benchmark for this ratio is for a rolling 3-year average of greater than 100%. Without any additional funding for asset renewal purposes, it is forecast over the next 10 years our asset renewal ratio will also decline to below 70%. This will ultimately result in the asset renewal backlog increasing as Council will be required to defer asset renewals due to a lack of available funding. Based on current projections, there is a forecast asset renewal funding gap of around $84 million over the next 10 years. If no additional funding is able to be allocated towards asset renewal in the future, this will most likely result in the asset renewal backlog increasing from the current level of around $13 million to around $100 million. It is also important to note that the asset renewal funding gap is largely related to the assets located on the former City of Botany Bay side of the LGA. The following table provides a breakup of the forecast asset renewal requirements by former Council area over the next 10 years.


Item 8.12 263

As shown in the table above, over the next 10 years we need to spend around $302.3 million on asset renewal, with $205.6 million on the assets in the former Rockdale LGA and $96.7 million on the assets in the former Botany Bay LGA. In total, there is available funding of around $218.3 million over the next 10 years for asset renewal purposes, which leaves a net funding gap of $84 million over that same time frame. However, due to the existence of the Infrastructure Levy which is currently only paid by former Rockdale City Council ratepayers, the majority of the funding shortfall for asset renewal relates to the assets located in the former City of Botany Bay side of the LGA. It is important to note that the Infrastructure Levy paid by the ratepayers from the former Rockdale City Council is only able to be spent on the assets located in the former Rockdale LGA, this is a requirement under the Local Government Act regarding special rates such as this one. Which means, the funds collected by this levy are unable to be spent on assets in the former City of Botany Bay side of the LGA.

Establishing an Improvement Plan and Asset Expenditure Financial Reserve: In previously considering this challenge in September 2020, Council resolved as follows:

1 That Council notes the Long-Term Financial Plan projections outlined in this report including the forecast 10-year asset renewal gap.

2 That Council endorses the implementation of the operational improvement plan to achieve an overall net improvement in the operating budget of around $5 million over a 3-year period which is to be used to offset the increased future annual asset maintenance cost totalling around $40 million over the next 10 years.

3 That Council not proceed with any special rates variation in recognition of the current weak economic climate triggered by the COVID- 19 health crisis. In addition, given the significant impact on the rate payers in the former Botany LGA, of rate harmonisation, Council recognises that simultaneously imposing an SRV is not a fair solution to our funding shortfall.

4 That Council develops other options to address the total funding shortfall.


Item 8.12 264

As part of developing the draft 2021-22 budget, a number of income and expenditure improvements totalling $1.6 million have been identified and incorporated into the draft budget for the purposes of beginning to address the overall asset expenditure funding shortfall. In doing so, it is proposed that as part of the draft budget, a new financial reserve is established titled the ‘Asset Expenditure Reserve’. The purpose of this financial reserve is to create a mechanism in the budget to transfer on an annual basis the $1.6 million budget improvement, along with any other future budget improvements that are identified. The funds held in this reserve, are to then be allocated in future budgets towards expenditure on asset maintenance and asset renewal to start addressing some of the future asset expenditure funding shortfall. It is important to note that the initial annual allocation of $1.6 million to the ‘Asset Expenditure Reserve’ will not resolve the overall asset expenditure funding shortfall and will only reduce the current forecast asset expenditure funding shortfall over the next 10 years from around $124 million to around $108 million over the next 10 years or $10.8 million annually. This still represents a significant challenge for this Council and more so future Councils to address in order to achieve ongoing long term financial sustainability whilst delivering the services required by the community and ensuring our asset maintenance and renewal requirements are achieved. In terms of the options available for Council to address this financial challenge, they include:

increasing revenue

reducing expenditure

reviewing current asset holdings. With regard to increasing revenues, the main options available to Council include:

further reviewing Council’s rating strategies, such as the level at which the minimum rate is set in order to maximise growth from rates revenue due to new development activity

Options relating to increasing rates revenue by way of a Special Rate Variation to address specific funding shortfalls

Reviewing our user fees and charges to maximise cost recovery activities and reduce the quantum of subsidies provided to different user groups throughout the LGA

Implement paid parking schemes across the LGA

Review property rentals and commercialise more of the property portfolio

Explore revenue opportunities related to advertising throughout the LGA. With regard to reducing expenditure, the main options available for Council to consider are:

Reduce overall employee costs, which will impact the type and quality of services Council is able to provide. To address the remaining annual shortfall of $10.8 million, this would be equivalent to around 120 full time positions

Rationalise and reduce the type, quality and frequency of services provided across the LGA


Item 8.12 265

Review asset management levels and determine a lower standard for maintaining our assets

Review property lease agreements and transfer asset maintenance responsibilities onto tenants

Further reduce discretionary expenditure in the use of overtime, agency staff, contractors and consultants.

Finally, with regard reviewing our asset holdings, Council could consider the following:

Demolition of existing assets which are no longer fit for purpose. This will result in reducing the annual depreciation expense and annual maintenance expense and remove any future renewal expense for those assets

Review existing assets and identify surplus assets which could be sold and re-invested in other assets which are able to generate income.

Consolidate and or repurpose existing assets which better align to the requirements of today’s community.

This report recommends that Council notes this section of the report on Long Term Financial Sustainability and the requirement for this Council and future Councils to begin implementing corrective sustainable actions as part of the update to the Long-Term Financial Plan and adoption of future budgets. While there are a number of options for Council to consider in addressing the overall long term funding shortfall, it is unlikely it will be able to be addressed in its entirety without contemplating some form of Special Rate Variation to achieve ongoing long term financial sustainability. Over the next few months, further workshops will be facilitated with Councillors to determine which options are to be incorporated into the next update of the Long-Term Financial Plan and future budgets.

Financial Implications Not applicable ☒ This sets the budget for 2021-22



Community Engagement Council is required to place the draft Delivery Program and Operational Plan and Fees & Charges on public exhibition for 28 days, before the final plans are adopted by Council before 30 June 2021. Subject to Council’s approval, the documents will be on public exhibition for 28 days. Exhibition will consist of the documents being placed on Council’s website, and the community will be encouraged to provide feedback on the proposed plans through our Have Your Say Web Site, and by email. Once the exhibition period has closed, a report will be bought back to Council to consider the public submissions received and to adopt the final 2018-2022 Delivery Program and Operational Plan 2021-22.


Item 8.12 266

Attachments 1 Attachment 1 - Draft 2018-22 Delivery Program and 2021-22 Operational Plan (Under

separate cover Attachments Part One) ⇨ 2 Attachment 2 - Draft 2021-22 Fees & Charges (Under separate cover Attachments Part

One) ⇨ 3 Attachment 3 - Summary of Key Changes - draft 2021-22 Fees & Charges (Under

separate cover Attachments Part One) ⇨

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Item 8.13 267


Item No 8.13

Subject M5 East Traffic Management Working Party - Terms of Reference


File F21/172

Summary This report provides Council with an update on actions taken in response to the February Notice of Motion and the March Question with Notice regarding traffic congestion as a result of tolls on the M5 East motorway, and proposes Terms of Reference for the M5 East Traffic Management Working Party. The report also addresses a Question with Notice raised by Councillor Barlow at the March 2021 Council Meeting.


1 That the attached M5 East Traffic Management Working Party Terms of Reference be adopted.

2 That Council nominates up to five (5) Councillors to be members of the M5 East Traffic Management Working Party.

Background Councillors will recall that the following Notice of Motion was adopted at its meeting of 10 February 2021:

That Council establish a committee comprising of Councillors, business and local residents to prepare an action plan including media campaign, to call on the NSW Government to overturn the new toll on the M5 East forced upon us for a road that was already in existence and had been paid for.

Prior to the February 2021 meeting, the Mayor wrote to the Minister for Transport and Roads regarding the “negative impacts on our roads” due to the imposition of a new toll on the M5 East motorway, and calling on the Minister to remove the toll. A reply has been received from the Parliamentary Secretary for Transport and Roads, which in essence stated that “there are no plans to remove the tolls on the M5 East”, nor offering any solution to the traffic congestion. The M5 East Traffic Management Working Party aims: to prepare an action plan, which includes a media campaign, and to lobby the NSW Government, in order to minimise traffic congestion in Bayside, due to the imposition of tolls on the M5 and other motorways. Apart from membership, the proposed Terms of Reference are consistent with Council’s other advisory committees, such as the Arncliffe Youth Centre Working Party.


Item 8.13 268

The Working Party will comprise Councillors and local community representatives. It is proposed the latter will be appointed by the General Manager, through an expression of interest process, which is underway. Councillors are to be nominated at tonight’s meeting.


☐

Included in existing approved budget

☐

Additional funds required ☒ A budget will be established at the next Quarterly Review to fund the operation of the Working Party and subsequent action plan / media campaign.

Community Engagement Community representatives are being invited to be considered for membership of the Working Party. In addition, it is proposed that community views be sought, and they be involved in the campaign.

Attachments M5 East Traffic Management Working Party - Terms of Reference ⇩

Item 8.14 277


Item No 8.14

Subject Bayside Community Grants Program 2020-2021

Report by Linda Bathur, Acting Manager Community Life

File F19/604

Summary

This report deals with community grant applications recommended for funding under the 2020/2021 Bayside Community Grants Program, as assessed by the Evaluation Panel in accordance with the eligibility and selection criteria detailed in Council’s Community Grants and Donations Policy. Details of the individual small and seeding grants recommended for funding have been included.

Officer Recommendation That Council endorses the recommendations of the Evaluation Panel and approves the recommended Small and Seeding Grants to the value of $103,582.85.

Background Bayside Council runs an annual Community Grants Program designed to support local community organisations and clubs to establish, extend or improve programs or services to the community. The 2020-2021 round of Council’s Community Grants Program funding was opened on 1 February 2021 and closed on 5 March 2021. Community Life engaged with individual organisations to provide them with any information required and applications were made through the on-line Smarty Grants portal. The eligibility and selection criteria established for small and seeding grants are documented in the Bayside Council Community Grants and Donations Policy and in the Guidelines. Two types of community grants are available:

Small grants of up to $2000

These are to be spent on equipment, activities or information resources to support community programs.

Seeding grants of up to $5000

These are generally one-off grants to support initiatives to address the social, cultural, creative, and artistic or leisure needs of the community in line with Council’s Community Strategic Plan.

Applicants must be not for profit organisations or individuals with an auspice organisation. All previous grants must be acquitted.


Item 8.14 278

Evaluation Panel

Under the Community Grants and Donations Policy an Evaluation Panel is required to assess the applications against the criteria and make recommendations to Council for approval. The panel was supported by Council officers from Community Life who were available to answer the panel's questions about the process and eligibility criteria. The following panel members convened on 17 March 2021:

Ms Paula Lara Bayside Citizen of the Year

Ms Fiona Dixon Banksmeadow Public School Principal

Ms Evelyn Hsieh Youth Representative

Mr Michael West Department of Communities and Justice

Grant Allocation The budget allocation for Community Grants in 2020-2021 is $100,000. Due to COVID 19 restricting the completion of current grant projects, one round is being offered this financial year. A total of 55 applications were received seeking a total of $177,947.61. This was the largest amount of applications for a single round to-date. The Evaluation Panel considered that 20 of the applications either did not meet the criteria established in the Policy or were not competitive and therefore not recommended to be funded through the program. The Evaluation Panel has recommended that 35 grant applications be funded, with a total value of $103,582.85. The additional $3,582.85 can be provided from funds normally used for donations. The Small and Seeding Grant applications recommended by the Evaluation Panel for funding are summarised below:-

Seeding Grants: Up To $5,000.00

Organisation Program Description Amount Recommended

2Connect Youth & Community Inc.

Social interaction, skill building, mentoring and leadership opportunities for marginalised young people in the Bayside area.

$5,000.00

3Bridges Community Raise awareness of dementia through intergenerational activities.

$5,000.00


Item 8.14 279

Seeding Grants: Up To $5,000.00


Bay City Care Provide financial assistance vouchers to women

with children experiencing domestic violence. $5,000.00

Exodus Youth Worx Cultural Art Workshop to increase social connection for older Arabic-speaking Women.

$5,000.00

Sydney Multicultural Community Services

Art for Wellbeing Workshops to create a safe and friendly space for new migrants and refugee women living in Bayside.

$5,000.00

Fighting Chance (Avenue Botany)

Avenue Learning supporting skill development for people with disability in Botany

$5,000.00

Windgap Foundation Host a community market day on International Day of People with Disability.

$5,000.00

Integricare Early Learning Centre Rockdale Plaza

Let's Talk Speech & Bilingual program to teach language & communication development through play.

$4,950.00

St George Children with Disabilities Fund Inc,

Music Therapy for children who have significant learning needs to learn and communicate through music and musical instruments.

$5,000.00

Australian Macedonian Theatre of Sydney

Publish a bilingual Macedonian community magazine.

$5,000.00

Macedonian Australian Welfare Association

Seniors Connections and Healthy Lifestyles for older Macedonian people in the Bayside area.

$5,000.00

Rockdale Community Garden

Setup and develop a sustainable community garden.

$5,000.00

Holdsworth Community Ltd

Seniors Wellbeing Program keeping elderly Bayside participants active and independent.

Note: this group has also requested 100% fee waiver to the value of $20,020.00 for the use of Eastlakes Community Centre for the term of this project.

$5,000.00

Small Grants: Up To $2,000.00


3bridges Community The HSC Rescue Study Breaks 2021. $1,972.05

Bardwell Valley Golf Club

Installation of Nesting Boxes for Native Birds. $2,000.00


Item 8.14 280



Botany Family and Children's Centre

Purchase video conferencing solution to facilitate client case conferences and use of facility.

$1,899.00

CASS Care Ltd Provide information sessions for seniors to access services online through smart use of technology Zoom.

$2,000.00

St Matts Community Garden

Purchase stingless native beehive & working bees to establish in community garden.

$1,526.00

St Vincent de Paul Society NSW

Purchase essential items such as food and toiletries for the homeless in the Bayside.

$2,000.00

Southern Sydney Women's Domestic Violence Court Advocacy Service

Provide women experiencing domestic and family violence, support, referrals, information and resources in community languages.

$2,000.00

The Benevolent Society Promote physical activity, cognitive stimulation and emotional well-being of older participants through improved technology.

$2,000.00

The Trustee For Raise Foundation

Provide support in early intervention youth mentoring programs for at-risk students at JJ Cahill Memorial School.

$2,000.00

Rock & Wool Provision of wool for a community knitting group, knitting blankets for charity.

$2,000.00

Bardwell Park Infants School P&C Committee

Permanent installation of water bottle refill station.

$1,365.00

James Cook Boys High School Parents & Citizens Association

Water bottle refill and recycling project. $2,000.00

St George Historical Society

New visitor chairs. Funds reduced to comply with Small Grant conditions.

$2,000.00

Pagewood Botany Football Club

Support Windgap Warriors for equipment and jerseys. Funds reduced to comply with Small Grant conditions.

$2,000.00

Arncliffe Aroura Football Club

Purchase computer equipment to facilitate access to online health and wellbeing courses/programs.

$1,886.85

Kogarah Waratah Football Club

Purchase equipment to increase small sided games during the winter months.

$2,000.00

Police Citizens Youth Clubs NSW Ltd (PCYC Eastern Suburbs)

New equipment for enhanced capacity to conduct PCYC boxing and Fit for Life.

$2,000.00

Rockdale City Raiders Football Club

Upgrade playing stripes and training equipment. $2,000.00


Item 8.14 281



Rockdale Ilinden Soccer Club Inc

Purchase training equipment to promote health, well-being and lifelong learning.

$2,000.00

St George District Athletic Club

Purchase a computer to connect to a new computerised timing system.

$ 1,983.95

The following were not recommended:-

Small and Seeding Grants Not Recommended by Assessment Panel

Organisation Program Description Comments

Ramsgate Life Saving Club

Planned activities are to supply signage for educational messages for example for safe swimming, speeding drivers or reducing smoking.

Panel did not recommend project as signage was determined to be Council’s responsibility. Staff to work with Club regarding future applications.

AlSadeq Arabic Association Inc.

Young females mentoring program. No acquittal for previous Council funding. Applicant could reapply.

Mascot Netball Club 2021 equipment requirements. Organisation is unincorporated. Applicant could reapply under an auspice organisation.

South Eastern Community Connect

Mobile community hub van. Project is for van fit-out which has not been purchased yet. Organisation could reapply.

Integricare Parenting and Family Support

Rockdale community street library. Project not competitive within a large number of applications. Staff to work with organisation regarding other options.

Alexandria Dukes Rugby Union Football Club

Purchase of playing jerseys and training equipment.

Project not competitive within a large number of applications.

Coogee United Football Club

Facilitating women's football with training equipment and defibrillator.

Organisation is out of the Bayside area.

Little Dreamers Australia Young carer identification and awareness program.

Organisation outside the Bayside area.

Mood Active Social exercise class. Organisation outside the Bayside area.

The Shepherd Centre Talk Together - An education and support program.

Does not meet criteria of a Seeding Grant.


Item 8.14 282

Small and Seeding Grants Not Recommended by Assessment Panel

Organisation Program Description Comments

Hope and Wish Foundation Pty Ltd

Alleviate suffering at home through purchase of quality appliances.

Organisation outside the Bayside area.

Integricare Turrella Early Learning Centre

Rainwater tank on Council property. Project not competitive within a large number of applications. Organisation has been recommended for another project.


Spectator grandstand seating. Project not competitive within a large number of applications. Club has been recommended for another project.


Club fees. Project not competitive within a large number of applications. Club has been recommended for another project.


Upgrade of existing lights to LED. Project not competitive within a large number of applications. Club has been recommended for another project.

Living My Way Limited Activities of daily living kit. Organisation outside the Bayside area.

Pagewood Botany Football Club

Miniroos football equipment. Project not competitive within a large number of applications. Club has been recommended for another project.

Love the Children Inc Love our community event Project not competitive within a large number of applications. Event to occur prior to Council approval.

Sans Souci Baptist Church

Kitchen upgrade. Project not competitive within a large number of applications.

Ramsgate RSL JAFC Family fun day. Project not competitive within a large number of applications.


☐

Included in existing approved budget ☒ The total budget allocation for Community Grants in 2020-2021 is $100,000. The panel has recommended that 35 grant applications be funded, with a total value of $103,582.85.


Item 8.14 283

Additional funds required ☒ Additional funds of $3,582.85 can be utilised from funds set aside from Donations

Community Engagement The Community Grants program was advertised in February 2021 and promoted extensively through the following: Facebook, Council’s website, St George Leader and Have Your Say. It was considered inadvisable to hold a large information session due to COVID19 restrictions however, a great deal of one on one support was provided in an effort to encourage organisations wanting to apply.

Attachments Nil

Item 8.15 284


Item No 8.15

Subject Councillor Attendance at the Windgap Gala Ball 2021

Report by Meredith Wallace, General Manager

File F08/288P02

Summary Council has received an invitation from the Windgap Foundation to attend this year’s gala ball to be held on Saturday 8 May 2021. Windgap is a not for profit organisation, started by a group of local parents over 65 years ago to provide education to their children with intellectual disabilities. The Foundation continues to provide a range of much needed programs and services to adults with intellectual disabilities who live in the Bayside local government area.


That Councillors nominate their interest in attending the Windgap Gala Ball 2021, representing Bayside Council.

Background For over 60 years, Windgap has provided a range of much-needed programs and services to adults with intellectual disabilities who live in the Bayside local government area. In 2020 during the global pandemic, the annual ball was cancelled however in 2021 we mark the return of the Windgap Gala Ball, their biggest fundraising event. For many years, Council has provided support through community grants and Council purchased attendance at the annual ball. Attached prospectus outlines the opportunity to provide sponsorship of the event through a Gold: Major Sponsor 2021 Gala Ball package ($8K) comprising:

2 x tables of 6 guests (12 guests) at the 2021 Windgap Gala Ball

Full page ad in the Gala Ball program

Name and logo in the Gala Ball program as a ‘Major Sponsor’

Pull up banner within the main foyer of the Gala Ball event

Recognition on the night of the Gala Ball, through MC announcements, presentation screens and onstage thank you presentation

Corporate signage on 2 x tables occupied by your guests

Name, logo and organisations link on the Windgap website for 12 months of promotion


Item 8.15 285

Social media mentions and coverage in the lead up and post event

1 x feature write up in the Windgap quarterly newsletter reaching over 1,000 supporters and families associated with Windgap

Opportunity to network with other businesses and community supporters of Windgap

Opportunity to receive additional promotion through the donation of a prize for the Gala Ball’s highly anticipated silent or live auction

Proceeds raised from this event will assist the Windgap Foundation to continue to provide quality programs which foster independence, empowerment, learning and development in adults living with intellectual disabilities, enabling each individual to live life to the fullest.


Included in existing approved budget ☒ Councillors General 100005-63205


Community Engagement Not applicable.

Attachments Windgap Gala Sponsorship Prospectus May 2021 ⇩

Item 8.16 290


Item No 8.16

Subject Bay Street, Brighton Le Sands

Report by Debra Dawson, Director City Life

File F19/604

Summary The report provides a response to the notice of motion dated 10 March 2021 submitted by Councillors Saravinovski and McDougall.

Officer Recommendation That the information, including user pay costings and outcomes of the meeting with the Local Area Commander and representatives from the St George Area Command, NSW Police, be received and noted.

Background At the meeting it was resolved:

1. That the General Manager reports back to the April Council Meeting advising how we can fund off-duty police to conduct foot patrols along Bay Street, Brighton Le Sands and surrounding streets to target anti-social behaviour including car hoons on Friday, Saturday and Sunday nights.

2. That the General Manager enter into discussions with the Local Area Commander, NSW Police and advise Council at the April meeting on the outcomes.

3. That Council investigates traffic calming and traffic management options along Bay Street, Brighton Le Sands.

A meeting was held on 22 March 2021 with the General Manager, Bayside Council and St George Local Area Commander, NSW Police and officers from the St George Command. The Police provided statistics from September 2020 to March 2021, indicating that more than 1,200 infringements were issued along the foreshore and surrounds during this period. In addition to the regular and ongoing NSW Police patrols of the foreshore area, Council currently utilises the NSW Police User Pay service annually for the Summer Foreshore Program that runs from November until April. The User Pays Service is used selectively and sparingly over the summer months. This costs council $25,000 per annum to provide additional support and service to our Brighton Le Sands and foreshore for our community. Additional funding will need to be identified if User Pays services are required across the whole year. The Police have provided costs as requested for general duties police and a general duties police vehicle. It is anticipated that as a minimum, an additional $75,000


Item 8.16 291

would be required. This funding would need to be made available from the Community Safety Levy. Council has recently trialled Licence Plate Recognition technology to address illegal parking. It is proving to be an effective tool in capturing non-compliant parking behaviour. Council also continues to lobby for speed cameras in Brighton to deter speeding drivers on Bay St and the Grand Parade. A subsequent meeting with the St George Local Area Police Commander and the Director, Community & Place, Eastern Harbour City, Transport for NSW and Director Safe System, Centre for Road Safety is scheduled for 12 April 2021 to further progress traffic calming and traffic management options, including continuing to advocate for the installation of speed cameras along Bay Street, Brighton-Le-Sands. The outcome of that meeting will be provided to Councillors separately.



Additional funds required ☒ Dependent on level of user pays requested. Budget from General Revenue or Community Safety Reserve.

Community Engagement

Not applicable.

Attachments Nil

Item 8.17 292


Item No 8.17

Subject Statutory Financial Report - February 2021


File F09/605.002

Summary This report is provided in accordance with the Local Government (General) Regulations, 2005, Division 5, paragraph 212 and s625 of the Local Government Act, 1993. The necessary certificate by the Responsible Accounting Officer is included in this report and the Statutory Financial Reports are presented as follows:

Investment Performance against Benchmark

Statement of Bank Balances

Schedule of Investments As at 28 February 2021, Bayside Council had $445 million in cash and investments with an adjusted portfolio return on investments of 0.65%. Our income and expenditure cash-flow movements for the period primarily comprised the following:

Income from operating activities totalled $22.8 million from rates, grants, childcare subsidies, bookings/leases and construction fees.

Expenses from operating activities totalled $20.8 million for payments for employee costs, utilities, waste, contract and infrastructure work.

Cash and Investment Reserve Balances as at 28 February 2021 amounts to $445 million: Council’s cash and investments balance of $445 million comprises externally restricted funds of $384m and internally restricted and unrestricted funds of $61m.

Officer Recommendation That the Statutory Financial Report by the Responsible Accounting Officer be received and noted.


Item 8.17 293

Background The following table shows the performance of Council’s investments since July 2019. The Bloomberg (former UBS) Index is used for comparison as this is a generally accepted industry benchmark used by Australian businesses. The 90-day Bank Bill Swap Rate is the worldwide rate that is reviewed by the financial markets every 90 days. This rate underpins the majority of investments which makes it a meaningful comparison for measuring investment performance. For the current period, Council outperformed the market by 53 basis points. As demonstrated by the investment performance graph, investment returns continue to decline due to the challenging economic conditions but remain consistently above the industry benchmark and 90-day Bank Bill Swap Rate.


Item 8.17 294

Statement of Bank Balances The table below shows details of movements in Council’s cash at bank for February 2021.

General Fund

Cash at bank (overdraft) as per bank statement as at: 31-Jan-21 7,795,450$

Income from operating activities

Rates and other receipts 17,944,810$

Interest income 707,813$

Parking and other infringement income 135,555$

Property related income -$

Booking fees, certificates and licenses 941,487$

Grants 695,550$

Sale of assets 3,324$

GST recoverable from ATO 418,975$

Childcare income and subsidies 168,561$

Golf, parks, pool and library income 237,392$

s.94 and planning contributions 735,030$

Bonds received 311,343$

Legal and other recoveries, rebates 180,286$

Other income 312,368$

Total Income from Operating Activities for the Period 22,792,494$

Expenses from operating activities

Accounts paid for period (includes cheques and refunds) 16,006,106-$

Direct payroll 4,828,593-$

Bank charges 8,003-$

Total Expenses from Operating Activities for the Period 20,842,702-$

1,949,792$

Total Net Movement from Operating Activities

Investment Activities for the Period

Term deposits matured -$

Term deposits acquired 5,000,000-$

Transfer from short-term money market 898,095$

Net Investment Flows for the Period 4,101,905-$

Funding Activities for the Period

Loan repayments -$

Net Funding Flows for the Period -$

4,101,905-$

Cash at bank (overdraft) as per bank statement as at: 28-Feb-21 5,643,337$

Bank overdraft limit for operating account is $350,000

* Other receipts include Australia Post & Bank Tape

STATEMENT OF BANK BALANCE AS AT 28 FEBRUARY 2021


Item 8.17 295

Schedule of Investments Bayside Council currently holds $445 million in investments and cash at call. In accordance with current accounting standards, investments are recorded at Fair Value (market value).

SCHEDULE OF INVESTMENTS HELD ON BEHALF OF COUNCIL AS AT: 28/02/2021

Credit Purchase Purchase Maturity Term Prop Interest Market

Rating Price Date Date Days % Rate Value

Term Deposits

AMP Bank A2 $3,000,000 13-Jan-21 15-Dec-21 336 0.77% 0.75% $3,000,000

AMP Bank A2 $2,000,000 9-Dec-20 10-Nov-21 336 0.51% 0.75% $2,000,000

AMP Bank A2 $5,000,000 18-Nov-20 17-Nov-21 364 1.28% 0.75% $5,000,000

2.56%

Illawarra Mutual Building Society (IMB) A2 $5,000,000 16-Dec-20 9-Jun-21 175 1.28% 0.40% $5,000,000

Illawarra Mutual Building Society (IMB) A2 $5,000,000 27-Jan-21 28-Jul-21 182 1.28% 0.35% $5,000,000

Illawarra Mutual Building Society (IMB) A2 $5,000,000 18-Nov-20 17-Mar-21 182 1.28% 0.40% $5,000,000

Illawarra Mutual Building Society (IMB) A2 $5,000,000 25-Nov-20 24-Mar-21 154 1.28% 0.40% $5,000,000

Illawarra Mutual Building Society (IMB) A2 $5,000,000 11-Nov-20 11-May-21 181 1.28% 0.40% $5,000,000

Illawarra Mutual Building Society (IMB) A2 $5,000,000 18-Nov-20 16-Jun-21 210 1.28% 0.40% $5,000,000

7.69%

National Australia Bank A1 $5,000,000 21-Oct-20 20-Oct-21 364 1.28% 0.50% $5,000,000

National Australia Bank A1 $10,000,000 8-Jul-20 7-Jul-21 364 2.56% 0.90% $10,000,000

National Australia Bank A1 $5,000,000 24-Feb-21 16-Feb-22 357 1.28% 0.30% $5,000,000

National Australia Bank A1 $5,000,000 20-Jan-21 19-Jan-22 364 1.28% 0.40% $5,000,000

National Australia Bank A1 $10,000,000 30-Sep-20 29-Sep-21 364 2.56% 0.60% $10,000,000

National Australia Bank A1 $5,000,000 3-Jun-20 31-Mar-21 301 1.28% 0.94% $5,000,000

National Australia Bank A1 $5,000,000 16-Dec-20 13-Oct-21 301 1.28% 0.45% $5,000,000

11.54%

CBA A1 $10,000,000 16-Dec-20 15-Dec-21 364 2.56% 0.48% $10,000,000

CBA A1 $10,000,000 13-Jan-21 12-Jan-22 364 2.56% 0.42% $10,000,000

CBA A1 $10,000,000 11-Jun-20 8-Mar-21 270 2.56% 0.76% $10,000,000

CBA A1 $10,000,000 9-Sep-20 7-Apr-21 210 2.56% 0.67% $10,000,000

CBA A1 $10,000,000 23-Sep-20 23-Jun-21 273 2.56% 0.70% $10,000,000

12.82%

ME Bank A2 $5,000,000 9-Dec-20 7-Jul-21 210 1.28% 0.45% $5,000,000

ME Bank A2 $5,000,000 27-Jan-21 19-Jan-22 357 1.28% 0.45% $5,000,000

ME Bank A2 $8,000,000 10-Feb-21 9-Feb-22 364 2.05% 0.45% $8,000,000

ME Bank A2 $10,000,000 17-Feb-21 11-Aug-21 175 2.56% 0.40% $10,000,000

ME Bank A2 $10,000,000 2-Sep-20 7-Apr-21 217 2.56% 0.60% $10,000,000

ME Bank A2 $5,000,000 15-Jul-20 14-Apr-21 273 1.28% 0.65% $5,000,000

ME Bank A2 $5,000,000 16-Sep-20 21-Apr-21 217 1.28% 0.60% $5,000,000

ME Bank A2 $5,000,000 23-Sep-20 28-Apr-21 217 1.28% 0.60% $5,000,000

ME Bank A2 $5,000,000 28-Oct-20 28-Apr-21 182 1.28% 0.50% $5,000,000

ME Bank A2 $10,000,000 7-Oct-20 5-May-21 210 2.56% 0.55% $10,000,000

ME Bank A2 $5,000,000 14-Oct-20 19-May-21 217 1.28% 0.55% $5,000,000

18.72%

ING Direct A $10,000,000 18-Mar-20 17-Mar-21 364 2.56% 1.50% $10,000,000

ING Direct A $5,000,000 24-Jun-20 23-Jun-21 364 1.28% 0.91% $5,000,000

3.85%

Westpac AA- $5,000,000 2-Dec-20 12-Dec-21 375 1.28% 0.48% $5,000,000

Westpac AA- $5,000,000 2-Dec-20 12-Dec-21 375 1.28% 0.48% $5,000,000

Westpac AA- $5,000,000 4-Mar-20 3-Mar-21 364 1.28% 1.15% $5,000,000





Westpac AA- $5,000,000 4-Jun-20 3-Jun-21 364 1.28% 0.94% $5,000,000



Westpac AA- $5,000,000 1-Jul-20 1-Jul-21 365 1.28% 0.90% $5,000,000

Westpac AA- $5,000,000 6-Aug-20 5-Aug-21 364 1.28% 0.83% $5,000,000



Westpac AA- $5,000,000 2-Sep-20 1-Sep-21 364 1.28% 0.78% $5,000,000



Westpac AA- $5,000,000 4-Nov-20 4-Nov-21 365 1.28% 0.52% $5,000,000

29.49%

BOQ A2 $5,000,000 14-Jan-21 14-Jul-21 181 1.28% 0.40% $5,000,000

BOQ A2 $5,000,000 3-Feb-21 3-Nov-21 273 1.28% 0.35% $5,000,000

BOQ A2 $5,000,000 17-Feb-21 10-Nov-21 266 1.28% 0.35% $5,000,000

3.85%


Item 8.17 296

SCHEDULE OF INVESTMENTS HELD ON BEHALF OF COUNCIL AS AT: 28/02/2021 (Continued)

Credit Purchase Purchase Maturity Term Prop Interest Market

Rating Price Date Date Days % Rate Value

Macquarie Bank A+ $5,000,000 20-Jan-21 18-Aug-21 210 1.28% 0.35% $5,000,000

Macquarie Bank A+ $5,000,000 17-Feb-21 15-Sep-21 210 1.28% 0.30% $5,000,000

Macquarie Bank A+ $5,000,000 24-Feb-21 25-Aug-21 182 1.28% 0.30% $5,000,000

3.85%

Bendigo Adelaide Bank BBB $5,000,000 12-Aug-20 12-May-21 273 1.28% 0.65% $5,000,000

Bendigo Adelaide Bank BBB $5,000,000 17-Jun-20 16-Jun-21 364 1.28% 0.75% $5,000,000

2.56%

Direct Investments (Floating Rate & Fixed Rate Term Deposits -TDs)

CBA - Rabobank FRN A+ $2,000,000 24-Feb-17 4-Mar-21 1469 0.51% 1.59% $2,013,500

CBA FRN AA- $3,000,000 17-Jan-17 17-Jan-22 1826 0.77% 1.22% $3,043,740

CBA- Rabobank FRN A+ $2,000,000 3-Mar-17 3-Mar-22 1826 0.51% 1.17% $2,022,520

CBA FRN AA- $2,000,000 12-Jul-16 12-Jul-21 1826 0.51% 1.32% $2,022,600

CBA- Bank of QLD FRN BBB+ $1,000,000 18-May-16 18-May-21 1826 0.26% 1.59% $1,009,370

NAB- Suncorp FRN A+ $2,000,000 12-Apr-16 12-Apr-21 1826 0.51% 1.49% $2,017,872

3.08%

Unlisted Community Bank Shares Market Value

NRMA/IAG Shares $7,552 0.00% $9,720

Bendigo Bank BBB $5,000 0.00% $5,000

0.00%

Total Investments $390,012,552 100% $387,144,322

Total Investments and Cash

Total Investments $390,012,552

CASH: Operating Account $5,643,337

CASH: Management Account (CDA) $28,693,857

CASH: AMP 31 day notice account $21,057,287

$445,407,033

Movement in total investments and cash:

31-Jan-21 28-Feb-21

Net

Movement

Total investments $390,012,552 $390,012,552 $0

Operating accounts $7,795,450 $5,643,337 -$2,152,113

Short term money market $29,591,952 $28,693,857 -$898,095

AMP 31 day notice account $21,037,920 $21,057,287 $19,366

$448,437,874 $445,407,033 3,030,841-

Matthew Walker

RESPONSIBLE ACCOUNTING OFFICER

I hereby certify in accordance with Clause 212 of the Local Government (General) Regulation 2005 that the above investments have been made in

accordance with Section 625 of the Local Government Act 1993, and Council's investment policies.

NOTE: In accordance with current accounting standards Council is required to obtain market values on its investments and hence the inclusion

in the above table. It is important to note that Council does not hold any CDOs which have adversely affected many councils in NSW.


Item 8.17 297




Community Engagement Not applicable.

Attachments Nil

Investment Translation

* A Term Deposit is a short term deposit held at a financial institution for a fixed term and attracts interest at the

prevailing market rate.

* A Bank Bill is a short term investment issued by a bank representing its promise to pay a specific sum to the bearer on

settlement. The amount payable to Council at maturity is the face value which represents the purchase price and interest earned.

* A Floating Rate Note is a longer term investment issued by a financial institution with a variable interest rate. The adjustments to the

interest rate are usually made every three months are tied to a certain money-market index such as the Bank Bill Swap Rate (BBSW).

* A CDO (Collateralised Debt Obligation) is an investment backed by a diversified pool of one or more classes of debt. These

investments are for longer terms and offer a higher rate of interest. Council does not invest in CDOs.

* A Capital Guaranteed Note is a longer term investment issued by a financial institution with a fixed coupon that is paid contingent on

the performance of the underlying investments, being equities, property bonds etc. In addition, this form of investment also can attract

capital growth. The issuer of the note has provided a guarantee that the capital is guaranteed at maturity.

* A Floating Term Deposit and Variable Rate Deposits are exactly the same as term deposits except they automatically roll over

(reinvest) at the end of the 90-day period for up to 2 years.

* Money Market Call Account refers to funds held at a financial institution and can be recalled by Council either same day or overnight.

* Unlisted Community Bank Shares refer to bank shares not listed on the Australian Stock Exchange. The local community owns and

operates the Bendigo Bank branch which assists the bank in providing banking infrastructure and community support.

Credit Ratings

* AAA - Extremely strong capacity to meet financial commitments (highest rating).

* AA - Very strong capacity to meet financial commitments.

* A - Strong capacity to meet financial commitments, but somewhat more susceptible to adverse economic conditions and changes in

circumstances.

* BBB - Adequate capacity to meet financial commitments with adverse economic conditions or changing circumstances more likely to

lead to a weakened capacity of the obligor to meet its financial commitments.

* BB - Less vulnerable in the near term, but faces uncertainties and exposures to adverse business, financial and economic conditions.

* B - More vulnerable to non-payment than obligations rated 'BB', but the obligor has the capacity to meet its financial commitment

on the obligation.

* CCC - Currently vulnerable, dependent upon favourable business, financial and economic conditions to meet its financial commitments.

* CC - Currently highly vulnerable.

* C - Highly likely to default.

The following investment information is provided as translation of what the types of investments are:

Item 8.18 298


Item No 8.18

Subject Response to Question - Vanston Parade, Sandringham

Report by Meredith Wallace, General Manager

File F08/752P02

Question The following Question With Notice was submitted at Council's Meeting of 10 March 2021 by Councillor Macdonald: Can the General Manager provide a Briefing Session on the outcome of the license plate recognition trial and provide an update on the progress towards having cameras in Vanston Parade, Sandringham.

Response This response addresses the second part of the Question with Notice, namely it gives an update on progress towards the installation of Licence Plate Recognition (LPR) cameras in Vanston Parade, Sandringham. Separately a briefing session will be scheduled regarding the LPR trial. Council made application some months ago to Ausgrid requesting permission to mount fixed camera(s) to their electricity poles along Vanston Parade. This request is going through their internal processes and is currently being assessed by Ausgrid. It should be noted that the Ausgrid process is a complex and lengthy one requiring confidentiality agreements to be executed. While awaiting this approval, Council has been working with our vendor to design the solution. The area along the foreshore on Vanston Parade has a couple of environmental challenges in ensuring the information we are seeking to collect on vehicles undertaking illegal activity is captured appropriately. We now think that the designed solution will be able to cover both Vanston Parade and Ida Street. Once Council receives formal approval required to begin installation on Ausgrid poles, works will commence. In the interim, Council has increased Ranger patrols of Vanston Parade and surrounds at night. This will continue until Council finalises the implementation of the fixed cameras.

Attachments Nil

Item 8.19 299


Item No 8.19

Subject Response to Question - Cooks River Alliance

Report by Karin Targa, Executive Manager City Projects Office

File F13/135

Question The following Question With Notice was submitted at Council's Meeting of 10 March 2021 by Councillor Curry: Can a report be prepared on the number of Cooks River Alliance meetings held in 2020/21 and how many Councillor Tsounis attended?

Response Five (5) meetings of the Cooks River Alliance have been held since January 2020. Bayside’s councillor representative has attended two (2) meetings of the Cooks River Alliance in that time, on the following dates:

13 February 2020

18 March 2021

Attachments Nil

Item 9.1 300


Item No 9.1

Subject Minutes of the Sport & Recreation Committee Meeting - 22 February 2021

Report by Debra Dawson, Director City Life

File SF20/7373

Officer Recommendation That the Minutes of the Sport & Recreation Committee meeting held on 22 February 2021 be received and the recommendations therein be adopted.

Summary The recommendations of the Committee include the following significant items for Council’s consideration:

5.2 Update Sports Fields

Committee Recommendation That City Projects proceeds with the works outlined in the presentation, including the re-levelling, irrigation and turfing of two fields at Riverine Park. That $500,000.00 is funded through the LRCI grant and that an additional $160K is funded through Infrastructure levy funding.

5.3 Update - Botany Aquatic Centre

Committee Recommendation

1 That the existing toddler's pool is demolished and incorporated in the slides and water play project, and that demolition of the toddler's pool is included in the development application for the adventure play and slides, which is currently being prepared.

2 That new plant and equipment for the 50 m and Learn to Swim pool is included in the construction of the adventure play and water slides project to ensure the filtration systems are separated.

3 That the condition assessment of the Botany Aquatic Centre is received and noted.

4 That the Sport & Recreation Committee notes that a decision will need to be made this year to plan and proceed with a remediation or replacement program of the Botany Aquatic Centre.


Item 9.1 301

5 That the total project budget is increased by $2.5 million and be included in the 2021/2022 City Projects Program to fund the required additional works briefed within the presentation, in addition to the contribution by SACL.

Present

Councillor Joe Awada

Councillor James MacDonald

Councillor Andrew Tsounis

Councillor Scott Morrissey

Councillor Christina Curry

Councillor Vicki Poulos

Councillor Dorothy Rapisardi

Councillor Liz Barlow

Councillor Michael Nagi

Also Present

Meredith Wallace, General Manager

Debra Dawson, Director City Life

Scott Field, Manager Sport & Recreation

Gavin Ross, Coordinator Sport & Recreation

Karin Targa, Executive Manager City Projects

Louise Farrell, Coordinator Design, City Projects

Benjamin Heraud, Coordinator Property

Jourdan DiLeo, Manager Property

The Chairperson opened the meeting in the Yarra Conference Room at 6:36 pm.


The Chairperson affirmed that Bayside Council respects the traditional custodians of the land, elders past, present and emerging, on which this meeting takes place, and acknowledges the Gadigal and Bidjigal Clans of the Eora Nation.

2 Apologies

There were no apologies received.


Item 9.1 302


There were no disclosures of interest.


4.1 Minutes of the Sport & Recreation Committee Meeting - 23 November 2020

Committee Recommendation That the Minutes of the Sport & Recreation Committee meeting held on 23 November 2020 be confirmed as a true record of proceedings.

5 Reports

5.1 Update - City Projects The Coordinator Design, City Projects provided the Committee with an update regarding capital projects across Bayside. The Committee discussed the matter reaffirming the need for the licence over the Bicentennial Playing Fields to be extinguished before the licence and occupation of Brighton Memorial Field by Rockdale Illinden Football Club occurs. Likewise, at the completion of the work at Bicentennial Playing Fields, the licence for Brighton Memorial Playing Fields needs to be extinguished before the Bicentennial Playing Fields licence is reactivated. The Committee noted that the difficulty of the 10-year licence was discussed with Louie Belevski of Rockdale Illinden. Council expressed that a five-year licence would not require Ministerial approval. However, Rockdale Illinden were not prepared to accept this five year proposal as it was a shorter tenure than they currently have over the Bicentennial Playing Fields.

Committee Recommendation 1. That the Sport & Recreation Committee receives and notes the report. 2. That as a part of the offset works, Property Services coordinates consultation

with relevant stakeholders regarding an appropriate location for the 'all-abilities swing'.


Item 9.1 303

5.2 Update Sports Fields The Coordinator Design, City Projects provided the Committee with a presentation on the matter.

Committee Recommendation 1. That the Sport & Recreation Committee receives and notes the report. 2. That City Projects proceeds at the end of the 2021 winter playing season with

the works outlined in the presentation, including the re-levelling, irrigation and turfing of two fields at Riverine Park. That $500,000.00 will be funded through the LRCI grant and that an additional $160K to be funded through Infrastructure levy funding.

5.3 Update - Botany Aquatic Centre The Coordinator City Design provided the Committee with a presentation on the matter.


1. That the existing toddler's pool is demolished and incorporated in the slides and water play project, and that demolition of the toddler's pool is included in the development application for the adventure play and slides, which is currently being prepared.

2. That new plant and equipment for the 50 m and Learn to Swim pool is included in the construction of the adventure play and water slides project to ensure the filtration systems are separated.

3. That the condition assessment of the Botany Aquatic Centre is received and noted.

4. That the Sport & Recreation Committee notes that a decision will need to be made this year to plan and proceed with a remediation or replacement program of the Botany Aquatic Centre.

5. That the total project budget is increased by $2.5 million and be included in the 2021/2022 City Projects Program to fund the required additional works briefed within the presentation, in addition to the contribution by SACL.

5.4 Update - Property Projects The Coordinator Property provided the Committee with an update on property matters across Bayside.


Item 9.1 304

Committee Recommendation That the Sport & Recreation Committee receives and notes the report.

5.5 Cricket in the Bayside LGA The Manager Sport & Recreation provided the Committee with an update on the matter of cricket across Bayside.


1. That the Sport & Recreation Committee notes the report.

2. That the Sport & Recreation Committee endorses the proposed future direction for cricket facilities in the LGA.

5.6 Hire of Artificial Turf Fields in the Summer Season The Manager Sport & Recreation provided the Committee with an update on the matter.


That the Sport & Recreation Committee receives and notes the report.

6 General Business

6.1 Correspondence - Rockdale City Suns Football Club The General Manager tabled correspondence from Rockdale City Suns Football Club regarding a request for contribution from the LRCI Funding Program. Committee Recommendation That the Sport & Recreation Committee receives and notes the report.

6.2 Bonnie Doon Golf Club Requesting to use Mutch Park for Parking Councillor Curry requested that the Committee supports a request received by way of representation by the Bonnie Doon Golf Club to use Mutch Park as a car park for their upcoming PGA. The General Manager advised that the Club would need to produce a Parking and Safety Plan and that the Parks & Open Space Business Unit had raised concern regarding the requirement to maintain adequate ground coverage in context to the challenges of contamination at the site.


Item 9.1 305

The General Manager agreed that staff would contact the Golf Club indicating the committee’s support for their event and working with them to develop a suitable temporary parking plan.


6.3 Rowland Park Undercover Councillor Curry requested that a BBQ area be included in the construction of future amenity buildings.

Committee Recommendation That the Manager Sport & Recreation advises City Projects regarding this matter.

6.4 Letter of Support for Pagewood Botany Football Club Councillor Curry requested that Council provides a letter of support for Pagewood Botany Football Club's upcoming grant application.

Committee Recommendation That the Manager Sport & Recreation provides a letter of support for Pagewood Botany FC's grant application.

6.5 Correspondence - St George Randwick Hockey Club The Manager Sport & Recreation tabled correspondence received from St George Randwick Hockey Club requesting representation at the next Sport & Recreation Committee regarding a request for funding for their replacement costs synthetic field.

Committee Recommendation That St George Randwick Hockey Club be invited to present at the next Sport & Recreation Committee meeting.

6.6 Correspondence - St George Football Association The Manager Sport & Recreation tabled correspondence received from St George Football Association regarding the SEPP for infrastructure.

Committee Recommendation That the correspondence be passed on to Strategic Planning for their further consideration.


Item 9.1 306

6.7 Correspondence - St George Dragons Junior Rugby League The Manager Sport & Recreation tabled correspondence received from St George Dragons Junior Rugby League requesting a meeting with the Mayor regarding opportunities within Bayside.

Committee Recommendation That an initial meeting had been scheduled with consideration to a presentation at the next Sport and Recreation Committee Meeting.

6.8 COVID Update The Manager Sport & Recreation provided an update regarding COVID and the sport and recreation sector.


6.9 Update - Mango Racing Outdoor Fitness Equipment The Manager Sport & Recreation provided an update regarding Mango Racing Outdoor Fitness Equipment. The Manager Sport & Recreation noted Mango Racing might apply as part of an upcoming tender process for renewal work in Cook Park.


6.10 Update - Club & Association Insurance Cover The Manager Sport & Recreation provided an update regarding Club & Association Insurance Cover. The Manager Sport & Recreation noted Club & Association Insurance Cover as an annual insurance, covering operations in and out of season.



Item 9.1 307

6.11 Carpark at Scarborough Park Central Councillor James MacDonald raised concerns regarding the Carpark at Scarborough Park Central used by nearby businesses and its impact on local sporting clubs and associations' access and use. The Committee discussed the matter and supported that a report be issued to the Traffic Committee requesting introducing a 3 hour parking time limit, Monday - Sunday, in the area surrounding Scarborough Park Central.

Committee Recommendation 1. That the Sport & Recreation Committee receives and notes the report. 2. That a report is prepared for to the Traffic Committee requesting the introduction

of a 3 hour parking time limit, Monday - Sunday, for parking surrounding Scarborough Park Central.

6.12 Botany Pool Change Room Councillor Liz Barlow raised the DET issued restrictions regarding school carnivals at public pools and exclusive use requirements. Councillor Barlow requested that information be provided to Councillors regarding these restrictions to respond to questions arising from the community should they arise.

Committee Recommendation 1. That the Sport & Recreation Committee receives and notes the report. 2. That the Manager Sport & Recreation provides Councillors with a briefing on the

Botany Pool Change Rooms' operation.

7 Next Meeting

That the next meeting be held in the Yarra Conference Room at 6:30pm on Monday, 26 April 2021.

The Chairperson closed the meeting at 9:11 pm.

Attachments Nil

Item 9.2 308


Item No 9.2

Subject Minutes of the Bayside Traffic Committee Meeting - 17 March 2021


File SF20/7373

Officer Recommendation That the Minutes of the Bayside Traffic Committee meeting held on 17 March 2021 be received and the recommendations therein be adopted.

Present

Councillor Dorothy Rapisardi (Convener) Senior Constable Alexander Weissel, South Sydney Police Area Command James Suprain, representing Transport for NSW Les Crompton, representing State Member for Kogarah George Perivolarellis, representing State Members for Rockdale and Heffron

Also Present

Jeremy Morgan, Manager City Infrastructure, Bayside Council Agasteena Patel, Coordinator Traffic and Road Safety, Bayside Council David Carroll, Senior Parking Patrol Officer, Bayside Council Erika Pontes, Traffic Engineer, Bayside Council Shayal Singh, Asset Officer, Bayside Council Adam Massoud, Student Traffic Engineer, Bayside Council Boris Kozuchowski, Traffic Officer, Bayside Council Patrick Bastawrous, Contractor, Bayside Council Pat Hill, Traffic Committee Administration Officer, Bayside Council

The Convenor opened the meeting in the Rockdale Library Meeting Room, Rockdale at 9:15 am and affirmed that Bayside Council respects the traditional custodians of the land, elders past, present and emerging, on which this meeting takes place, and acknowledges the Gadigal and Bidjigal Clans of the Eora Nation.

1 Apologies

The following apologies were received:

Traffic Sergeant Sandra Dodd, St George Police Area Command Senior Constable Corinne Dawes, Eastern Beaches Police Area Command Glen McKeachie, Coordinator Regulations, Bayside Council Dean Superina, representing State Member for Maroubra


Item 9.2 309


Councillor Dorothy Rapisardi declared a Less than Significant Non-Pecuniary Interest in Item BTC21.020 on the basis that her driveway exits onto John Street, Mascot, but stated she would remain in the meeting for consideration.


BTC21.013 Minutes of the Bayside Traffic Committee Meeting - 17 February 2021

Committee Recommendation That the Minutes of the Bayside Traffic Committee meeting held on 17 February 2021 be confirmed as a true record of proceedings.

Business Arising

Committee Recommendation That the Committee notes that the Minutes of the Bayside Traffic Committee meeting held on 17 February 2021 were received and the recommendations therein were adopted by the Council at its meeting on 10 March 2021 subject to the inclusion of the following General Business items:

Member for Heffron – as read by his delegate regarding Sutherland and King Street signals.

Councillor Rapisardi – Flooding along Botany Road near Daphne Street for Transport for NSW to consider.

Councillor Rapisardi – No Stopping sign along Botany Road near Stephen Road for Transport for NSW to consider.

Member for Kogarah – raised by his representative – issues in relation to Preddys Lane, Bexley, adjacent to the Angelo Anestis Aquatic Centre, regarding the narrowness of the corner and parking.

4 Reports

BTC21.014 25 Baxter Road, Mascot - Proposed removal of Disabled Parking Zones


1 That approval be given to remove 2 disabled parking spaces and install ‘3P 8 am – 6 pm Mon – Fri 8 am – 12 noon Sat Permit Holders Excepted Area A’ outside 25 Baxter Road, Mascot to make it consistent with the rest of the area.


Item 9.2 310

2 That approval be given to remove ‘3P 8 am – 6 pm Mon – Fri 8 am – 12 noon Sat Permit Holders Excepted Area A’ and install ‘1P’ restricted parking at the parking bay adjacent to 33 Baxter Road, Mascot.

BTC21.015 Bexley North and Kingsgrove precinct - Proposed traffic calming


1 That in principle approval is provided for the installation of traffic calming scheme in Bexley North and Kingsgrove precinct.

2 That approval be granted for the installation of watts profile speed humps at the locations listed in Table 1 of this report in accordance with the standard design drawing attached.

3 That approval be granted for kerb blisters/ kerb and gutter realignment works detailed in Table 1 upon completion of community engagement.

4 That the outcomes of the community engagement and detailed designs for all other facilities proposed be presented to a future meeting of the Bayside Traffic Committee for consideration.


Note: That a single lane threshold is proposed in Laycock Street near the intersection of Stoney Creek Road has been added to the community engagement.

BTC21.016 Carlton Parade, Carlton - Proposed rearrangement of parking restrictions and mail zone outside Carlton Post Shop

Committee Recommendation 1 That approval be given for the installation of the following combined parking

restrictions for 6m along the northern kerb line of Carlton Parade, in front of the Post Shop:

‘Mail Zone 8 am – 9 am, 3.30 pm – 5:30 pm Mon – Fri’’

‘P15 min 9am-3.30pm Mon-Fri’

2 That approval be given to remove the existing Mail Zone 3:30 pm - 4:00 pm and 1P (all other times)

3 The existing ‘1P 8.30am-6.pm Mon-Fri 8.30am-12.30pm Sat’ be extended west adjacent to the above ‘Mail Zone’ to allow parking for 2 full car spaces.


Item 9.2 311

BTC21.017 37 Church Avenue, Mascot - Proposed 6m ‘Mail Zone,12 pm - 8 pm' restriction and change to existing 1P parking restrictions


1 That the Committee note that Australia Post’s proposal to relocate the existing Australia Post Mail box from 7 Bourke Street, Mascot to 37 Church Avenue, Mascot.

2 That approval be given to signpost 6m ‘Mail Zone, 12 pm - 8 pm’ restriction along the southern kerb line east oft to the driveway of No.37 Church Avenue.

3 That approval be given to remove ‘No Parking – Aust. Post Vehicles Excepted 12 pm -8 pm’ at 7 Bourke Street.

4 That approval be given to replace ‘P5 min at all other times’ to ‘P5 min’ parking restriction outside 7 Bourke Street.

5 That the existing 6m ‘1P 7 am to 7 pm’ parking restriction be changed to ‘1P 7 am -12 pm’

BTC21.018 118 Coward Street, Rosebery - Proposed removal of P5min parking and replace with 8P parking restrictions


That approval be given for the conversion of 20m ‘P5min, 8 am – 10 am & 3 pm – 5 pm, Mon – Fri’ parking restriction in front of 118 Coward Street, Rosebery to 20m ‘8P, 8 am – 6 pm, Mon - Fri (Permit Holders Excepted, Area F)’ parking restriction as per current residential parking scheme.

BTC21.019 Fraser Avenue, Eastgardens - Proposed 14m 'No Stopping 7:00am-9:00am & 3:30pm-5.30pm' restriction


That approval be given for the installation of 14m ‘No Parking 7 am – 9 am & 3:30 pm – 5:30 pm Mon - Fri’ restriction along the northern kerb line of Fraser Avenue east of the existing statutory ‘No Stopping’ restriction.

BTC21.020 John Street, Mascot - Proposed changes to parking restrictions in John Street

Committee Recommendation That approval be given to extend the timing of existing ‘1/4P 8:30am – 6:30pm Mon-Sat’ parking restriction to ‘1/4P 6am – 6:30pm Mon-Sat’.


Item 9.2 312

BTC21.021 Lorraine Avenue precinct, Bardwell Valley - Proposed traffic calming


1 That in principle approval is provided for the installation of traffic calming scheme in Lorraine Avenue precinct.

2 That approval be granted for the installation of watts profile speed humps as part of this scheme as per standard design drawing attached.

3 That approval be given for the installation of rubber speed cushions pads as part of this scheme at the roundabout of Bayview Street and Reginald Street.

4 That the outcomes of the community engagement and detailed designs for all other facilities proposed be presented to the Bayside Traffic Committee for consideration.


BTC21.022 Lusty Street to Guess Avenue, Wolli Creek - Proposed conversion of '2P 8am - 6pm Mon-Fri' parking restrictions to '2P 8:30am - 6pm Mon-Fri'

Committee Recommendation That approval be given to convert the existing ’2P 8:00 am – 6:00 pm Mon - Fri’ to ‘2P 8:30 am – 6:00 pm Mon - Fri’ along Lusty Street, Bonar Street and Guess Avenue, Wolli Creek.

BTC21.023 Monahan Avenue, Banksia - proposed 'No Parking' for Waste Collection Vehicles

Committee Recommendation That Council approves the installation of ‘No Parking; 6 am – 11 am; Thurs’ at the cul-de-sac end of Monahan Avenue, Banksia, in accordance with the attached plans.

BTC21.024 Preddy's Lane, Bexley North - Proposed parking restrictions and guard rail

Committee Recommendation 1 That ‘No Stopping’ restrictions be installed near the bend in Preddy’s Lane

behind 98 Preddy’s Road as per the attached drawing. 2 That installation of a 30m long guard rail be approved adjacent to the

embankment at the bend of Preddy’s Lane.


Item 9.2 313

BTC21.025 69 Railway Street, Rockdale - Proposed 4m extension of existing 10m 'No Stopping' restriction

Committee Recommendation That approval be given to extend the ‘No Stopping’ restriction by 4m on the western kerb line, to the other side of the driveway, to prevent illegal parking across the driveway.

BTC21.026 Matters referred to the Bayside Traffic Committee by the Chair

Committee Recommendation There were no matters raised by the Chair to be considered.

BTC21.027 General Business

The following item was raised Without Notice by the representative for the Member for Heffron:

Maloney Street north of Coward Street – Bus Stop along western kerb line.

Concern was raised that congestion occurs when a bus stops at the location as it is in close proximity to the Coward Street signals, especially in peak periods. Request to move the bus stop further north to allow the signals to clear.

Committee Recommendation That the Bus Zone along eastern kerb line of Maloney Street north of Coward Street be investigated to improve access for buses and the arrangement be reviewed after a period of 3 months.

The Convenor closed the meeting at 10:38 am.

Attachments Nil

Item 9.3 314


Item No 9.3

Subject Minutes of the Arncliffe Youth Centre Working Party Meeting - 23 March 2021

Report by Michael Mamo - Director City Futures, Debra Dawson - Director City Life

File SF20/7373

Officer Recommendation That the Minutes of the Arncliffe Youth Centre Working Party meeting held on 23 March 2021 received and the recommendations therein be adopted.

Summary The minutes include the following substantial recommendations:

5.1 Arncliffe Youth Centre Management Arrangements - Progress Report Committee Recommendation That the Arncliffe Youth Centre Official Opening Event be held on 15 May 2021.

5.2 Proposed Budget and Financial Analysis Committee Recommendation That the Arncliffe Youth Centre Working Party endorse the draft budget, and that the Reserve be amended in the Financial Reserves Policy. Comment: It is noted that by adopting the above recommended change to the

Financial Reserves Policy, it will repurpose the use of the of the Reserve and current available balance going forward.

5.3 Proposed Fees and Charges - Arncliffe Youth Centre

Committee Recommendation That the Committee endorse the schedule of fees and charges as considered and agreed at the meeting and that the schedule of fees and charges be placed on public exhibition with Council’s 2021/22 Draft Fees and Changes. That one concession fee be applied for both Bayside residents and non-residents. That local schools be given preferential treatment by way of the local resident’s subsidy fee when hiring the facility. Further, large school bookings like school


Item 9.3 315

carnivals can be determined under the Sporting Event/Competition Court Hire Fee upon application.

Present

Joe Awada, Mayor Tarek Ibrahim, Councillor (Chairperson) James Macdonald, Councillor Michael Nagi, Councillor left the meeting at 8:15pm Dorothy Rapisardi, Councillor Andrew Tsounis, Councillor Michael Mamo, Director City Performance (Member) Debra Dawson, Director City Life (Member)

Virtual

Meredith Wallace, General Manager Liz Barlow, Councillor

Also Present

Dalli Craig, Senior Property Specialist Wayne Wang, Financial Strategy & Reporting Manager Gavin Ross, Coordinator Sport and Recreation Rayed Mamun, Senior Financial Analyst

Virtual

Matthew Walker, Manager Finance Jourdan DiLeo, Manager Property

The Chairperson opened the meeting in the Yarra Conference Room and Team Application at 6:36 pm.


The Chairperson affirmed that Bayside Council respects the traditional custodians of the land, elders past, present and emerging, on which this meeting takes place, and acknowledges the Gadigal and Bidjigal Clans of the Eora Nation.

2 Apologies

Nil


There were no disclosures of interest.


Item 9.3 316


4.1 Minutes of the Arncliffe Youth Centre Working Party Meeting - 28 January 2021

Committee Recommendation That the Minutes of the Arncliffe Youth Centre Working Party meeting held on 28 January 2021 be confirmed as a true record of proceedings.

5 Reports

5.1 Arncliffe Youth Centre Management Arrangements - Progress Report

Committee Recommendation 1 That the information in this Progress Report be received and noted.

2 That the Program of activities for the soft launch be noted and the Coordinator Sport and Recreation explore opportunities to provide additional programs and workshops on issues including drug and alcohol addiction, women’s abuse, and domestic violence and report back to the next Working Party meeting.

3 That the outcomes of the Bayside Traffic Committee on 21 April 2021 regarding ‘No Stopping’ on Princes Highway near the Arncliffe Youth Centre be reported back to the next Working Party meeting.

4 That the Arncliffe Youth Centre Official Opening Event be held on 15 May 2021.

5 That a report be provided to the next Working Party meeting providing feedback on the soft launch program and the EOI applicants.

5.2 Proposed Budget and Financial Analysis

Committee Recommendation 1 That the Arncliffe Youth Centre Working Party endorse the draft budget as

outlined in this report.

2 That the Arncliffe Youth Centre Working Party recommend the Arncliffe Youth Centre reserve be amended in the Financial Reserves Policy as follows:


Item 9.3 317

5.3 Proposed Fees and Charges - Arncliffe Youth Centre

Committee Recommendation 1 That the Committee receives and notes the report

2 That the Committee endorse the schedule of fees and charges as considered

and agreed at the meeting and that the schedule of fees and charges be placed on public exhibition with Council’s 2021/22 Draft Fees and Changes.

3 That one concession fee be applied for both Bayside residents and non-residents.

4 That local schools be given preferential treatment by way of the local resident’s subsidy fee when hiring the facility. Further, large school bookings like school carnivals can be determined under the Sporting Event/Competition Court Hire Fee upon application.

6 General Business

There was no General Business.

7 Next Meeting

That the next meeting be held in the Yarra Conference Room at 6:30 pm on Tuesday, 18 May 2021.

The Chairperson closed the meeting at 8:28 pm.

Attachments Nil


Item 9.3 318

Item 10.1 319


Item No 10.1

Subject Notice of Motion - Stormwater Drainage Across the Bayside LGA

Submitted by Christina Curry, Councillor Scott Morrissey, Councillor

File SF20/7373

Summary

This Motion was submitted by Councillors Curry and Morrissey.

Motion That Bayside Council officers provide a report which:

1 outlines the current processes and schedules on the maintenance of stormwater drainage across the LGA;

2 reviews recent local flooding incidents to identify where flooding has occurred; and

3 determines if the current processes and schedules are adequate to ensure that future local flooding incidents are minimised.

Background

Supporting Statement by Councillors

Residents across Wards 1 and 2 have raised concerns that over recent years there has been stormwater flooding in areas of Botany, Mascot and Pagewood where previously this did not occur. Our community has raised safety concerns as the stormwater level is so high in some areas that it is damaging homes, cars and council infrastructure. As our residents go about their daily lives with school runs, work trips and shopping, it has required many drivers and pedestrians to put themselves in danger as they move around stormwater. Residents have noted that proactive drain maintenance has reduced significantly or is not active at all and that preventative maintenance, including the sweeping of streets to remove debris from gutters and picking up grass clippings after mowing, is limited. Regardless of whether the impacted roads are maintained at a state or local level, solutions need to be found and implemented immediately.

Comment by General Manager:

This Notice of Motion is in order and can be dealt with.

Attachments Nil


Item 10.1 320

Item 10.2 321


Item No 10.2

Subject Notice of Motion - Historical Signage for GB Holt Reserve, Carlton

Submitted by Liz Barlow, Councillor

File SF21/1450

Summary This Motion was submitted by Councillor Liz Barlow.

Motion That the historical information relating to GB Holt Reserve be included as part of the new signage installation for the park under the planned renewal works for the playspace.

Background

Supporting Statement by Councillor Barlow Ward Councillors and I have been contacted by the grand-daughter of George Burgess Holt, after whom the GB Holt Reserve was named. I am advised George Burgess Holt was a driving force behind the construction of the first Carlton Railway Station and was a founding member and first patron of the inaugural St George Dragons 1st Grade Rugby League Football Team. The 23rd April 2021 marks the centenary of the Dragons first ever first grade match here in Sydney. We are privileged in Bayside to have two of our nation’s greatest ever Rugby League football clubs, the St George Dragons and the South Sydney Rabbitohs. Rugby League is important to our cultural heritage and we need to protect and preserve the memory of those who worked hard to establish our well-loved footy teams. We have an opportunity with the renewal works proposed for the GB Holt Reserve to provide information to the public on George Burgess Holt’s role in the founding of the St George Dragons. I propose that appropriate signage be installed as part of the upgrade to preserve the historical significance and honour his legacy.

Comment by General Manager: This Notice of Motion is in order and can be dealt with.

Attachments Nil


Item 10.2 322

Item 10.3 323


Item No 10.3

Subject Notice of Motion - 30th Anniversary of Arncliffe Aurora Football Club

Submitted by Bill Saravinovski, Councillor Tarek Ibrahim, Councillor

File F16/88

Summary This Motion was submitted by Councillor Bill Saravinovski and Councillor Tarek Ibrahim.

Motion That Council congratulates Arncliffe Aurora Football Club on their 30th Anniversary.

Background Supporting Statement by Councillors Established in 1991, the Arncliffe Aurora Football Club Inc continues to promote a social sporting environment for the youth of Arncliffe and surrounding Bayside local government areas. Over the past 30 years Arncliffe Aurora Football Club has become an integral part of the Arncliffe community, building generations of active and healthy footballers. We acknowledge and thank the players, coaches, committee members and the many volunteers who, over the past 30 years, have made a real difference to our community. Comment by General Manager: This Notice of Motion is in order and can be dealt with.

Attachments Nil

Agenda of Council Meeting - 14 April 2021 - Business Papers

Documents

Transcript of Agenda of Council Meeting - 14 April 2021 - Business Papers