Minutes of Council Meeting - 11 August 2021

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MINUTES

of the Ordinary Meeting of

Bayside Council held by audio-visual link

on Wednesday 11 August 2021 at 7:08 pm.

Present

Councillor Joe Awada, Mayor Councillor James Macdonald, Deputy Mayor Councillor Liz Barlow Councillor Ron Bezic (arrived late at 7:32 pm) Councillor Christina Curry Councillor Tarek Ibrahim Councillor Petros Kalligas Councillor Ed McDougall Councillor Michael Nagi Councillor Vicki Poulos 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 Karin Targa, Major Projects Director Fausto Sut, Manager Governance & Risk Matthew Walker, Chief Financial Officer Jourdan DiLeo, Manager Property Clare Harley, Manager Strategic Planning Jeremy Morgan, Manager City Infrastructure Christine Stamper, Communications & Events Lead Bill Nikolovski, IT Technical Support Officer Lauren Thomas, Governance Officer

The Mayor opened the meeting at 7:08 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.

Council Meeting 11/08/2021

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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

Rev. Adam Clark, Senior Minister, Kensington Eastlakes Anglican Church, opened the meeting in prayer.

3 Apologies

RESOLUTION Minute 2021/167 Resolved on the motion of Councillors Awada and Kalligas That the following apologies be received and leave of absence granted:

• Councillor Morrissey

• The anticipated late arrival of Councillor Bezic.

Procedural Motion RESOLUTION Minute 2021/168 Resolved on the motion of Councillors Awada and Tsounis That the Councillors in attendance at tonight’s meeting by audio-visual link be permitted to do so on the basis of the current COVID restrictions.

4 Disclosures of Interest

Councillor Saravinovski declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but stated he would remain in the Meeting for consideration and voting on the matter. Councillor Kalligas declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was a former member of AHEPA, but stated he would remain in the Meeting for consideration and voting on the matter.


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Councillor Tsounis declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.2 on the basis that he is a former member of AHEPA but stated he would remain in the Meeting for consideration and voting on the matter. Councillor McDougall declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but stated he would remain in the meeting for consideration and voting on the matter. Councillor McDougall declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but stated he would remain in the meeting for consideration and voting on the matter. Councillor Awada declared a Less-Than-Significant Non-Pecuniary Interest in Item 8.2 on the basis that a family member lives in close proximity to Laycock Street but stated he would remain in the Meeting for consideration and voting on the matter. Councillor Saravinovski declared a Less than Significant Non-Pecuniary Interest in Item 8.5 on the basis that some of the of the members of the local fishing group are members of the local ALP branch which he is the secretary of, but stated he would remain in the Meeting for consideration and voting on the matter. Councillor Poulos declared a Less-Than-Significant Non-Pecuniary Interest in Item 8.6 on the basis that she works for the Parliamentary Secretary for Transport and Roads but stated she would remain in the Meeting for consideration and voting on the matter. Councillor Saravinovski declared a Less than Significant Non-Pecuniary Interest in Item 8.7 on the basis that one of the applicants has been to his home for dinner, and stated he would leave the meeting for consideration and voting on the matter. Councillor Nagi declared a Less than Significant Non-Pecuniary Interest in Item 8.7 on the basis that he has a cousin who submitted a tender and on the basis of the perception of his relationship with Councillor Tsounis who is a Director of one of the tendering companies, and stated he would leave the meeting for consideration and voting on the matter. Councillor Tsounis declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.7 on the basis of his involvement with applicant who was involved in that particular tender and stated he would leave the meeting for consideration and voting on the matter. Councillor Macdonald declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.8 on the basis that he knows the director of one of the tender companies who have decided not to proceed with the tender but stated he would remain in the meeting for consideration and voting on the matter. Councillor Tsounis declared a Less than Significant Non-Pecuniary Interest in Item 8.8 on the basis that he knows one of the applicants who has withdrawn their tender, but stated he would remain in the meeting for consideration and voting on the matter. Councillor Saravinovski declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that he visited the home of one of the tenderers to pass on his


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condolences on the passing of their father two months ago, and stated he would leave the meeting for consideration and voting on the matter. Councillor Nagi declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that the tenderer attended the Christmas Mayoral Ball that he also attended, and stated he would leave the meeting for consideration and voting on the matter. Councillor Ibrahim declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that the tenderer attended a Christmas party that he also attended, but stated he would remain in the meeting for consideration and voting on the matter.

Councillor Rapisardi declared a Less-Than-Significant Non-Pecuniary Interest in Item BTC21.067 of Item 9.1 on the basis that the applicant wrote an email, regarding this item, to the Member of Parliament that she works for and she is automatically carbon-copied to incoming emails but stated she would remain in the Meeting for consideration and voting on the matter.

5 Minutes of Previous Meetings

5.1 Minutes of the Council Meeting - 14 July 2021 RESOLUTION Minute 2021/169 Resolved on the motion of Councillors Nagi and Tsounis That the Minutes of the Council meeting held on 14 July 2021 be confirmed as a true record of proceedings subject to the notation in Items 10.9 and 10.10 reading “Councillor Ibrahim was absent for the voting on this item” be deleted as this is incorrect. It is noted that these items were part of multiple items passed on bulk with Councillor Ibrahim present and having seconded the motion.

6 Mayoral Minutes

6.1 Mayoral Minute - Federal and NSW State Government Financial Assistance for Local Government

RESOLUTION Minute 2021/170 Resolved on the motion of Councillor Awada

1 That Bayside Council calls on the Federal Government and NSW Government to urgently deliver a comprehensive and multi-faceted financial support package to local government to enable them to continue to operate effectively and provide


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essential services during the current COVID-19 lockdown and to offset the already mounting financial impact of COVID-19.

2 That Council writes to State and Federal Members, the Prime Minister the Hon Scott Morrison MP, the NSW Premier the Hon Gladys Berejiklian MP, Federal Treasurer the Hon Josh Frydenburg MP, NSW Treasurer the Hon Dominic Perrottet MP, NSW Local Government Minister the Hon Shelley Hancock MP, Federal Minister for Local Government the Hon Mark Coultan, Federal Opposition Leader the Hon Anthony Albanese, NSW Opposition Leader Chris Minns MP, Federal Shadow Minister for Local Government Jason Clare MP and NSW Shadow Minister for Local Government Greg Warren MP to confirm their support for increased financial assistance funding for local government to help councils maintain essential services and employment during the COVID-19 lockdown and to offset the already mounting financial impact of COVID-19.

6.2 Mayoral Minute - Rockdale Town Hall Walk-In Vaccination Hub RESOLUTION Minute 2021/171 Resolved on the motion of Councillor Awada

1. That Council notes the establishment of a ‘walk-in’ vaccination hub in the Rockdale Town Hall and uses the opening of the centre as an opportunity to widely promote the need for increased community vaccination rates to defeat the spread of Covid 19.

2. That Council continues to lobby for additional local vaccination centres, including a drive-through in the carpark of the Botany Pool.

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.

8.2 72 Laycock St, Bexley North with the Order of AHEPA NSW Inc

• Councillor Saravinovski had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but remained in the Meeting for consideration and voting on the matter.

• Councillor Kalligas had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was a former member of AHEPA, but remained in the Meeting for consideration and voting on the matter.

• Councillor Tsounis had previously declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.2 on the basis that he is a former member of AHEPA but remained in the Meeting for consideration and voting on the matter.


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• Councillor McDougall had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but remained in the meeting for consideration and voting on the matter.

• Councillor McDougall had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.2 on the basis that he was invited, in his capacity as Councillor, to attend Greek Independence Day in March this year at the AHEPA building in Rockdale, but remained in the meeting for consideration and voting on the matter.

• Councillor Awada had previously declared a Less-Than-Significant Non-Pecuniary Interest in Item 8.2 on the basis that a family member lives in close proximity to Laycock Street but remained in the Meeting for consideration and voting on the matter.

The following people spoke at the meeting:

• Mr Christopher Alexandrou, member of AHEPA, speaking against the officer recommendation.

• Bill Skandalakis, President of AHEPA, speaking for the officer recommendation.

RESOLUTION Minute 2021/172

Resolved on the motion of Councillors Saravinovski and McDougall

1. That this report be received and noted.

2. That Council note and accept the Scope of Work and Concept plan submitted by the Order of AHEPA NSW Inc for the redevelopment and use of the former Bexley Bowling Club.

3. That acceptance of the Scope of Work and Concept Plan be on the provision that:

a. Order of AHEPA NSW Inc. obtains any necessary planning approvals before any work that requires approval is undertaken;

b. Council reserves the right to appoint the Principal Certifier to oversee and certify building work on the site; and

c. A Council representative be included in the Project Management team working with AHEPA to deliver the project.

4. That Council note that the cost of works estimate submitted by the Order of AHEPA NSW Inc. for the proposed Scope of Work and Concept Plan is $1.575 million which is approximately $1.6 million less than the Council prepared cost estimate for works on the site and Council also notes the inherent project cost risk Council is exposed to should the Order of AHEPA NSW Inc. be unable to fulfil their contractual obligations for this project.


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DIVISION

Division called by Councillor Awada

For: Councillors Curry, Sedrak, Rapisardi, Kalligas, Saravinovski, Bezic, Macdonald, McDougall and Awada

Against: Councillors Ibrahim, Nagi, Tsounis, Barlow and Poulos

The division was declared carried

FORESHADOWED MOTION

Moved by Councillor Barlow and Tsounis

That this matter be deferred.

The foreshadowed motion lapsed.

8.5 Results of Community Engagement Draft Muddy Creek Masterplan Councillor Saravinovski had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.5 on the basis that some of the of the members of the local fishing group are members of the local ALP branch which he is the secretary of, but remained in the Meeting for consideration and voting on the matter. The following people spoke at the meeting:

• Frederick Poole, interested resident, at Bayside Community Recreation Club, speaking against the officer recommendation.

• Ms Taylor Vandijk, community garden member, speaking against the officer recommendation.

• Garnett Brownbill, interested resident, speaking for the officer recommendation.

• Peter Kuburlis, Public Relations Officer at Bayside Community Recreation Club, speaking for the officer recommendation.

• Heidi Douglas, Secretary of the Bay Community Garden, speaking for the officer recommendation.

RESOLUTION Minute 2021/173 Resolved on the motion of Councillors Macdonald and Saravinovski

1 That Council notes the feedback received in response to the community engagement undertaken for the draft Muddy Creek Masterplan.


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2 That on-site workshops are arranged with community groups, residents and interested Councillors to further inform the development of the Masterplan before the final version is presented to Council for endorsement.

3 That all submissions are acknowledged, and contributors thanked and advised of Council’s decision.

8.9 Tender - Update - Riverine Park The following person spoke at the meeting:

• Garnett Brownbill, interested resident, speaking against the officer recommendation

RESOLUTION Minute 2021/174 Resolved on the motion of Councillors Nagi and Ibrahim

1 That Attachment 1 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)(ii) and (d)(i) of the Local Government Act 1993, the attachment relates to commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council. 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 Attachment 2 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.

3 That in accordance with Regulation 178(1)(b) of the Local Government (General) Regulations 2005 Council declines to accept any of the tenders.

4 That in accordance with Regulation 178(4)(a) Council resolves to decline to invite fresh tenders or applications as it has undertaken a comprehensive tender process receiving competitive tenders. There would be no advantage in calling fresh tenders as the tender submissions that have been received are considered to offer quality submissions. It is unlikely that new tenders would provide an improved service to Council and additionally the renovation of the playing fields would be delayed if fresh tenders were sought. Negotiations with the preferred contractor will provide the opportunity for a better result and reduce the risk to Council.


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5 That in accordance with Regulation 178(3)(e) of the Local Government (General) Regulations 2005 Council delegates authority to the General Manager and Mayor to enter into negotiations with Green Options (or if required any other of the three companies that submitted a tender for the Renovation of the playing fields at Riverine Park) to negotiate the scope as outlined in the confidential attachment.

6 That $300,000 in LRCI funding stage 1 is moved from Bexley Tennis Courts to Riverine Sporting fields and that $300,000 for the Bexley Tennis Courts construction works are funded from LRCI stage 3;

7 That funding of $115,000 is added to the 2021/22 budget from any savings in the LRCI grant funding projects after reconciliation of the grant expenditure supplemented by the SRV (Rockdale Infrastructure Levy) to fund the shortfall in the budget for the upgrade of the existing turf fields.

8 That Council resolves to proceed with the sewer design and approvals only and that Rockdale Infrastructure Levy funds of $80,000 be included in the 21/22 City Projects Program to fund the design and approvals.

9 That Council endorses the draft Expression of Interest as attached to this paper for organisations wishing to partner with Bayside Council to create a sporting hub at Riverine Park.

BTC21.067 Miles Street, Mascot - Proposed Change to Existing Timed Parking Restrictions From 3P to 1P Outside Number 15

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Item 9.1 Minutes of the Bayside Traffic Committee Meeting – 21 July

2021

• Councillor Rapisardi had previously declared a Less-Than-Significant Non-Pecuniary Interest in Item BTC21.067 of Item 9.1 on the basis that the applicant wrote and email, regarding this item, to the Member of Parliament that she works for and she is automatically carbon-copied to incoming emails but remained in the meeting for consideration and voting on the matter.

The following person spoke at the meeting:

• Mrs Pamela Leondaris, affected neighbour, speaking against the officer recommendation.

RESOLUTION Minute 2021/175 Resolved on the motion of Councillors Rapisardi and Nagi That approval be given to reduce the parking time limit from ‘3P, 8 am – 6 pm Monday to Friday & 8 am – 12 pm Saturday, Permit Holders Excepted Area D’ to ‘1P, 8 am – 6 pm Monday to Friday & 8 am – 12 pm Saturday, Permit Holders Excepted Area D’ parking restrictions, as per the drawing attached to the report.


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Procedural Motion RESOLUTION Minute 2021/176 Resolved on the motion of Councillors Kalligas and Bezic Motion moved by Councillors That the order of business be altered to allow Council to deal with the remaining items by exception.

Multiple Business Items RESOLUTION Minute 2021/177 Resolved on the motion of Councillors Kalligas and Bezic That the recommendations included in the business paper for the following items be adopted:

8.1 COVID-19 Financial Relief Package for Bayside 2021

8.4 Proposal to Establish a Company to Manage Arncliffe Youth Centre

8.13 Cricket Practice Net Renewal Tonbridge Reserve

8.14 2020-21 City Projects Program Budget Revotes & Revised 2021-22 City Projects Program Budget

8.15 Council Endorsement to Extend the Term of the Eastern City District Commissioner of the Greater Sydney Commission

8.16 Draft Bayside Pesticide Use Notification Plan

8.18 Public Art Policy

8.19 Draft Reconciliation Action Plan

8.21 Clause 4.6 Variations to Development Standards - Quarterly Report

8.23 2018-21 Delivery Program & 2020-21 Operational Plan 6 Monthly Progress Report

8.25 Disclosure of Interest Returns

9.1 Minutes of the Bayside Traffic Committee Meeting - 21 July 2021

9.2 Minutes of the Arncliffe Youth Centre Working Party Meeting - 21 July 2021


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8 Reports

8.1 COVID-19 Financial Relief Package for Bayside 2021 RESOLUTION Minute 2021/178 Resolved on the motion of Councillors Kalligas and Bezic

1 That Council endorses the proposed financial relief measures outlined in Section B of this report and as required by section 356 and 610E of the Local Government Act provide public notice for a period of 28 days detailing the proposed financial relief measures.

2 That following the public notice period set out in recommendation 1, a further report be submitted back to Council for consideration of any submissions received.

3 That Council endorses the funding strategy and related adjustments to the 2021-22 Budget as a result of the financial relief measures outlined in Section D of this report.

4 That the Community support and increased community grant funding outlined in Section C of this report be funded from a review of the Council Events Program and be recognised in the September 2021 Quarter Budget Review.

Item 8.2 was dealt with in Public Forum.

8.3 Wolli Creek Park - Land Acquisition - 4 Guess Avenue RESOLUTION Minute 2021/179 Resolved on the motion of Councillors Barlow and Nagi

1 That attachment 2 to this report be withheld from the press and public as it is confidential for the following reason:


2 That Council receive and note the contents of this report.


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3 That Council accept the confidential terms and conditions negotiated with Property NSW as attached confidentially and proceed with the acquisition of No 4 [Lot 102 in DP 808944] Guess Avenue, Wolli Creek and No 27s [Lot 2 in DP 632477] Arncliffe Street, Wolli Creek.

4 That the acquisition and embellishment of No.4 Guess Avenue, Wolli Creek and the acquisition of No 27s Arncliffe Street, Wolli Creek be funded from S7.11 development contributions collected under the Wolli Creek and Bonar Street Development Contributions Plan 2019.

5 That Council note the acquisition of No 4 Guess Avenue, Wolli Creek will facilitate the early delivery of Wolli Creek Town Park and approves funding of $250,000 to be included in the 2021/22 City Projects Program to undertake the required pre-construction activities to ensure compliance with the timeframes in the conditions of sale and for the project construction budget to be included in the 2022/23 City Projects Program; and

6 That the General Manager be authorised to finalise and execute all necessary documentation associated with the acquisition of No 4 Guess Avenue, Wolli Creek and No 27s Arncliffe Street, Wolli Creek.

7 That Council, on acquisition, places signage to indicate that the site has been acquired for open space.

8 That Council thanks Local Member, Mr Steve Kamper MP, and the Minister for Planning and Public Spaces for their support.

8.4 Proposal to Establish a Company to Manage Arncliffe Youth Centre RESOLUTION Minute 2021/180 Resolved on the motion of Councillors Kalligas and Bezic

1 That Council receive and note the content of this report.

2 That Council approve the draft Constitution at Attachment 1 to this report for the proposed Company to be established to manage Arncliffe Youth Centre.

3 That Council approve the submission of an application to the Minister for Local Government under section 358 of the Local Government Act for the establishment of the Company including the public interest considerations of the proposal as outlined in this report.

Item 8.5 was dealt with in Public Forum.


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8.6 Kamay Ferry Wharf Project - Exhibition of Environmental Impact Statement

Councillor Poulos had previously declared a Less-Than-Significant Non-Pecuniary Interest in Item 8.6 on the basis that she works for the Parliamentary Secretary for Transport and Roads but remain in the Meeting for consideration and voting on the matter. RESOLUTION Minute 2021/181 Resolved on the motion of Councillors Barlow and Saravinovski

1. That Council acknowledges the importance of the Kamay Ferry Wharf Project to tourism by providing improved transport access, but also its great disappointment that a stop is not included on the western foreshore of Botany Bay.

2. That Council endorses the attached submission to the Department of Planning, Industry and Environment, and in doing so, requests that the scope of the Kamay Ferry Wharf Project be extended to include ferry wharves at Brighton Le Sands and Sans Souci.

3. That Council makes representation to our local members, the member for Barton, the Member for Kingsford-Smith and the member for Cook on this matter.

Councillor Curry asked that it be recorded in the minutes that she abstained from voting on this matter.

8.7 Tender - Cook Park Café / Restaurant - 2 Cook Park Ramsgate Beach

• Councillor Saravinovski had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.7 on the basis that one of the applicants has been to his home for dinner, and left the meeting for consideration and voting on the matter.

• Councillor Nagi had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.7 on the basis that he has a cousin who submitted a tender and on the basis of the perception of his relationship with Councillor Tsounis who is a Director of one of the tendering companies, and left the meeting for consideration and voting on the matter.

• Councillor Tsounis had previously declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.7 on the basis of his involvement with applicant who was involved in this particular tender and left the meeting for consideration and voting on the matter.


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RESOLUTION Minute 2021/182 Resolved on the motion of Councillors Ibrahim and Macdonald

1 That attachments 2-6 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) (c), (d)(i) of the Local Government Act 1993, the attachments relate to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. It is considered that if the matters were discussed in an open Council Meeting it would, on balance, be contrary to the public interest due to the issue it deals with and commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

2 The matter be delegated to the General Manager for determination as a number of councillors may be perceived to have a conflict of interest in this matter.

8.8 Tender - Tennis & Squash Facilities - Mutch & Scarborough Parks

• Councillor Macdonald had previously declared a Less-Than-Significant, Non-Pecuniary Interest in Item 8.8 on the basis that he knows the director of one of the tender companies who have decided not to proceed with the tender but remained in the meeting for consideration and voting on the matter.

• Councillor Tsounis had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.8 on the basis that he knows one of the applicants who has withdrawn their tender, but remained in the meeting for consideration and voting on the matter.

Councillor Macdonald asked that the following be recorded in the minutes to correct the public report: Ramsgate RSL advised that it withdrew their submission because of the lease conditions rather than the level of capital investment as stated in the public report. required.

RESOLUTION Minute 2021/183 Resolved on the motion of Councillors Macdonald and McDougall

1 That the attachment/s 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


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would, on balance, be contrary to the public interest due to the issue it deals with.

2 That the report titled Tender Tennis & Squash Facilities - Mutch & Scarborough Parks be received and noted.

3 In respect of the tender relating to Mutch Park, pursuant the Local Government (General) Regulation 2005 Council:

a In accordance with s178(1) declines to accept any tenders submitted.

b In accordance with s178(3) seeks to enter into negotiations with Sydney Sports Management.

c In accordance with s178(4) the reason for negotiations are on the basis that the proponent’s proposal appears to be the most advantageous for Council’s consideration however requires negotiation to enhance the offering.

4 In respect of the tender relating to Scarborough Park, pursuant the Local Government (General) Regulation 2005 Council:

a In accordance with s178(1) declines to accept any tenders submitted.

b In accordance with s178(3) seeks to cancel the proposal for contract.

5 That a capital works program be developed for the Scarborough Park Tennis Facilities for Council to implement and to concurrently consider future management options for the site.

6 That it be noted that Councillor Macdonald informed the Council that Ramsgate RSL advised him that it withdrew their submission because of the lease conditions rather than the level of capital investment as stated in the public report.

7 That the commercial outcome of the negotiations in relation to Mutch Park be reported back to Council for a decision.

Item 8.9 was dealt with in Public Forum

8.10 Tender - Bonar Street Drainage Upgrade Stage 2

• Councillor Saravinovski had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that he visited the home of one of the tenderers to pass on his condolences on the passing of their father two months ago, and left the meeting for consideration and voting on the matter.

• Councillor Nagi had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that on the basis that the tenderer attended the Christmas Mayoral Ball that he also attended, and left the meeting for consideration and voting on the matter.


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• Councillor Ibrahim had previously declared a Less than Significant Non-Pecuniary Interest in Item 8.10 on the basis that on the basis that the tenderer attended a Christmas party that he also attended, but remained in the meeting for consideration and voting on the matter.

RESOLUTION Minute 2021/184 Resolved on the motion of Councillors Barlow and Bezic

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


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 F21/156 being the construction of stage 2 of the Bonar Street drainage upgrade at Arncliffe for $6,262,533.00 exclusive of GST; and

3 That an amount of $3,000,000 is being brought forward into the 2021/22 budget from the Wolli Creek & Bonar Street Precincts URA Contribution Plan 2019 (BS 1.4.1) to complete the construction of stage 2 of the Bonar Street Drainage upgrade in the 2021/22 financial year.

8.11 Tender - Parking Meters and Related Services RESOLUTION Minute 2021/185 Resolved on the motion of Councillors Saravinovski and Sedrak

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) (c) of the Local Government Act 1993, the attachment relates to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 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) (b) of the Local Government Act (General) Regulations 2005, Council decline to accept any of the tenders for the contract F21/178 Parking Meters – Supply, install and maintain.


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3 That Council enter into negotiations with Sarb Management Group Pty Ltd T/A Database Consultants Australia (DCA); and Reino International Pty Ltd T/A Duncan Solutions, with a view to entering into a contract in relation to the subject matter of the tender for the reason that the tenders from these two organisations are considered to be the best overall submissions that best meet Council’s requirements.

4 That Council decline to invite fresh tenders based on the same or different details, or to invite fresh applications from persons interested in tendering for the proposed contract, or to invite fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract on the basis that paid parking is a specialist field with limited contractors with requisite capabilities given tenders were received from four capable organisations, and a fresh process is unlikely to result in a more favourable outcome for the community.

5 That the General Manager be delegated to execute Contracts at the conclusion of the negotiation period with the preferred tenderer for the contract F21/178 Parking Meters – Supply, install and maintain for a period of three (3) years with the option of two (2) by 2-year extensions.

6 That a 15min free parking period be provided for Bay Street and the adjoining retail frontage streets to support local businesses.

7 That in accordance with the range of minimum and maximum hourly rates in the adopted 2021/22 Fees and Charges, an Hourly rate of $2.50 be implemented and reviewed annually as a part of the adoption of fees and charges for paid parking (with the exception of the Coward Street car park).

8 That parking permits not be considered in the 2021/22 Financial Year for Coward Street, foreshore car parks, The Boulevarde car park or Bay Street (and the adjoining retail area).

9 That the foreshore car parks as listed in the report be designated as paid parking between the hours of 8am-6pm Mon-Sun.

10 That the Boulevarde Car Park be designated as paid parking between the hours of 8am-8pm Mon-Sun.

11 That an engagement and staging plan be prepared for on street paid parking, operating between the hours of 8am-8pm Mon-Sun, in conjunction with a permit parking scheme for residential streets in Brighton Le Sands.

12 That Council report back within one month on the outcome of the negotiations with Sarb Management Group Pty Ltd T/A Database Consultants Australia (DCA); and Reino International Pty Ltd T/A Duncan Solutions including the results of probity checks.


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8.12 Rosebery Neighbourhood Centre Upgrade RESOLUTION Minute 2021/186 Resolved on the motion of Councillors Nagi and Rapisardi

1 That attachment 1 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) General of the Local Government Act 1993, the attachment relates to matters that are confidential, as it is considered that it is in the public interest that they not be disclosed to the public. In accordance with the Code of Conduct, the matters and the information contained within this report must not be discussed with or disclosed to any person who is not a member of the meeting or otherwise authorised.

2 That Council notes the community’s interest in and request for an expansion of the construction scope at Gardener’s Rd, Rosebery to include an additional section of the business precinct.

3 That Council endorses additional funding of $800,000 to extend the construction scope to be added to the 2021/22 Rosebery Public Domain upgrade budget from the Strategic Priorities Reserve and to be paid back from a future contributions plan.

8.13 Cricket Practice Net Renewal Tonbridge Reserve RESOLUTION Minute 2021/187 Resolved on the motion of Councillors Kalligas and Bezic

1. That Council endorse to proceed to replace the cricket nets in Tonbridge Reserve in their current location with a four-practice lane fully netted facility and note that this will require the removal of 13 low significance trees to facilitate this proposal;

2. That new tree planting is undertaken in Tonbridge Reserve as recommended by Council’s coordinator tree services at a 3:1 ratio; and

3. That residents are notified of the change in location.


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8.14 2020-21 City Projects Program Budget Revotes & Revised 2021-22 City Projects Program Budget

RESOLUTION Minute 2021/188 Resolved on the motion of Councillors Kalligas and Bezic

1 That in accordance with Clauses 203 and 211 of the Local Government (General) Regulations 2005, the proposed revotes of expenditure and related reserve funding noted in Table 1 and 2 of this report, are adopted by Council and are hereby voted into the 2021/22 adopted budget.

2 That projects be deferred in accordance with recommendations of Table 3 as shown in this report.

3 That adjustments to the adopted budget resulting from recommendation 1 and 2 above, be included in the next quarterly budget adjustment.

8.15 Council Endorsement to Extend the Term of the Eastern City District Commissioner of the Greater Sydney Commission

RESOLUTION Minute 2021/189 Resolved on the motion of Councillors Kalligas and Bezic That Council notes and supports the General Manager’s letter to the Chief Commissioner of the Greater Sydney Commission, agreeing to an extension to the term of appointment for Dr Deborah Dearing as the Eastern City District Commissioner.

8.16 Draft Bayside Pesticide Use Notification Plan RESOLUTION Minute 2021/190 Resolved on the motion of Councillors Kalligas and Bezic

1 That Council endorse the Bayside Draft Pesticide Use Notification Plan and approve public exhibition for 28 days, beginning 16 August 2021.

2 That Council delegate adoption of the finalised Bayside Pesticide Use Notification Plan to the General Manager following public exhibition and incorporation of comments from the community, assuming amendments are only minor in nature.


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8.17 Bayside Council Submission to Parliamentary Inquiry into Infrastructure Contributions

RESOLUTION Minute 2021/191 Resolved on the motion of Councillors Barlow and Macdonald

1 That Council endorse the submission made on 16 July 2021 to the NSW Parliamentary Inquiry into Infrastructure Contributions, with particular reference to the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021.

2 That Council contacts all our local members, Shaoquett Moselmane MLC and Peter Poulos MLC to lobby the NSW State Government to support Council’s position.

8.18 Public Art Policy RESOLUTION Minute 2021/192 Resolved on the motion of Councillors Kalligas and Bezic

1 That the attached draft Public Art Policy be endorsed by Council and placed on public exhibition for a period of 28 days.

2 That Council receives a further report after exhibition to consider any submissions.

8.19 Draft Reconciliation Action Plan RESOLUTION Minute 2021/193 Resolved on the motion of Councillors Kalligas and Bezic That the draft Reflect Reconciliation Plan 2022 to 2024 proceed to Council for endorsement and public exhibition.

8.20 Proposed Events Program for July 2021 to June 2022 RESOLUTION Minute 2021/194 Resolved on the motion of Councillors Barlow and Nagi


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1 That Council’s events program in its original format be postponed. Including the New Year’s Fireworks for 2021 and Food and Wine Fair due to the high risk of financial and reputational loss should they not proceed.

2 That Council approves the revised program which excludes events and activities that require face to face participation or would incur large financial losses if cancelled or scaled down.

3 That Council endorse the recommendation that the events program be reviewed in October 2021 due the current climate of uncertainty.

8.21 Clause 4.6 Variations to Development Standards - Quarterly Report RESOLUTION Minute 2021/195 Resolved on the motion of Councillors Kalligas and Bezic That the report on the use of Clause 4.6 of Council’s Local Environmental Plans to vary development standards in the determination of development applications during Q 4 of 2021 be received and noted.

8.22 Council Submission - IPART Review of the rate peg to include population growth

RESOLUTION Minute 2021/196 Resolved on the motion of Councillors Ibrahim and Saravinovski

1 That Council receives and note the report.

2 That Council approves the draft submission attached to this report to be lodged with IPART.

8.23 2018-21 Delivery Program & 2020-21 Operational Plan 6 Monthly Progress Report

RESOLUTION Minute 2021/197 Resolved on the motion of Councillors Kalligas and Bezic That the six monthly progress report on the 2018-21 Delivery Program & 2020-21 Operational Plan be adopted.


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8.24 Statutory Financial Report - June 2021 RESOLUTION Minute 2021/198 Resolved on the motion of Councillors Barlow and Macdonald That the Statutory Financial Report by the Responsible Accounting Officer be received and noted.

8.25 Disclosure of Interest Returns

RESOLUTION

Minute 2021/199

Resolved on the motion of Councillors Kalligas and Bezic That the information be received and noted.

9 Minutes of Committees

9.1 Minutes of the Bayside Traffic Committee Meeting - 21 July 2021

RESOLUTION

Minute 2021/200

Resolved on the motion of Councillors Kalligas and Bezic

That the Minutes of the Bayside Traffic Committee meeting held on 21 July 2021 be received and the recommendations therein be adopted with the exception of Item BTC21. 067.

NOTE:

Item BTC21. 067 as previously decided in Public Forum - refer to Minute 2021/175.


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9.2 Minutes of the Arncliffe Youth Centre Working Party Meeting - 21 July 2021

RESOLUTION

Minute 2021/201

Resolved on the motion of Councillors Kalligas and Bezic

That the Minutes of the Arncliffe Youth Centre Working Party meeting held on 21 July 2021 be received and the recommendations therein be adopted.

Procedural Motion

RESOLUTION

Minute 2021/202

Resolved on the motion of Councillors Nagi and Macdonald

That the Council meeting time be extended past 11:00 pm

10 Notices of Motion

10.1 Notice of Motion - Ramsgate Foodies and Farmers Market RESOLUTION Minute 2021/203 Resolved on the motion of Councillors Macdonald and Bezic

1 That Ramsgate Foodies and Farmers Market be approved to relocate and operate from Cook Park Kyeemagh on each Saturday commencing September 2021 for 6 months as a trial period.

2 That at the end of this period Council receives a report to consider the future operation of the market.

10.2 Notice of Motion - Vandalism of Trees in Cook Park RESOLUTION Minute 2021/204 Resolved on the motion of Councillors Saravinovski and McDougall


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1 That Council issues a reward for information supplied to the police to achieve a conviction of person/s who cut and/or took part in the cutting of the foreshore trees in Cook Park at Brighton Le Sands.

2 That Council installs a large sign advising that fines apply to anyone vandalising trees in the public domain and that the sign be erected in such a way as to restrict the view corridor created by the vandalism of the trees.

3 That a General Manager Briefing Session be held to explain the level of tree vandalism occurring across the LGA.

10.3 Notice of Motion - Temporary Extension to Hours of Operation for the Off-Leash Dog Exercise Area at Lady Robinsons Beach, Kyeemagh

RESOLUTION Minute 2021/205 Resolved on the motion of Councillors Macdonald and McDougall

1 That the hours of operation for the Off-Leash Dog Exercise Area at Lady Robinsons Beach, Kyeemagh be extended from before 10:00 am & after 4:00 pm to 24 hours a day until the Friday immediately preceding the October long weekend.

2 That Council make temporary modifications to onsite signage at beach entry gates, update Council’s webpage and communicate the temporary extension via social media.

3 That these measures be reversed upon the completion of this period. DIVISION Division called by Councillors Bezic and Nagi For: Councillors Curry, Sedrak, Rapisardi, Saravinovski, Barlow, Macdonald,

McDougall and Awada Against: Councillors Ibrahim, Nagi, Kalligas, Tsounis, Bezic and Poulos The division was declared carried.

10.4 Notice of Motion - Banning Property Developers as Councillors RESOLUTION Minute 2021/206 Resolved on the motion of Councillors Curry and Nagi


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That Council investigates this matter further and reports back to the September Council meeting.

10.5 Notice of Motion - Morgan Street Reserve and Wall Reserve Botany Playgrounds

RESOLUTION Minute 2021/207 Resolved on the motion of Councillors Curry and Saravinovski That Council brings forward the funding for the Morgan Street Reserve and Wall Reserve playground upgrades as identified in the Section 7.11 Development Contributions Plan and that the enhancements be completed in the current financial year. Councillors Barlow, Poulos and Nagi were against the motion. The Motion was carried. FORESHADOWED MOTION Motion moved by Councillors Barlow and Poulos That Council brings forward the funding for the Morgan Street Reserve and Wall Reserve playground upgrades as identified in the Section 7.11 Development Contributions Plan and that the enhancements be completed in the next financial year. The Foreshadowed Motion lapsed.

11 Questions With Notice

There were no Questions With Notice.

The Mayor closed the meeting at 11:47 pm. Councillor Joe Awada Mayor

Meredith Wallace General Manager

Minutes of Council Meeting - 11 August 2021

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