MINUTES OF THE SPECIAL MEETING OF THE COUNCIL HELD ON WEDNESDAY, 16 JULY, 1997, ADJOURNED, AND RESUMED ON TUESDAY, 22 JULY, 1997
His Worship the Mayor, Councillor P Olah (Chairperson)
Divisional Manager - Community & Corporate Services
ADJOURNMENT OF MEETING 16/7/1997
At 7.10 pm The Mayor stated that as there was not a quorum present, the Meeting would stand adjourned in accordance with the provisions of Clause 9(1) of the Council's Code of Meeting Practice and that the Meeting shallstand adjourned until Tuesday, 22 July, 1997, at the conclusion of the meeting of the Safety and Anti-Litter Committee.
AT THE TIME OF THE RESUMPTION OF THE MEETING ON TUESDAY, 22 JULY, 1997 AT 7.45 PM, THERE WERE PRESENT -
His Worship the Mayor, Councillor P Olah (Chairperson) Councillor J Griffin Councillor M V Lynch Councillor F Dominelli Councillor B McDonald Councillor C G Neil Councillor B Giegerl Councillor W F Pickering Councillor P R Sansom Councillor M M Smith Councillor R A A Stewart
General Manager Divisional Manager - Business & Financial Services Divisional Manager - Community & Corporate Services Divisional Manager - Engineering Divisional Manager - Development & Health Divisional Manager - Policy Planning & Environment
Also Present by Invitation:
Deacons Graham & James, Council's Solicitors - represented by Mr Peter Rigg and Mr Andrew Forsyth. Phoenix Capital Partners Pty Ltd - represented by Mr Peter Wright Wholohan Charlesworth, Architects - represented by Mr Roger Charlesworth
An apology for inability to be present was tendered on behalf of Councillor M O Frawley.
211 RESOLVED THAT the apology be received and leave of absence granted.
DISCLOSURE AND NATURE OF INTEREST IN MATTERS BEFORE COUNCIL
There were no declarations of interest.
GENERAL MANAGER'S REPORT NO. 1
ITEM 1.01 PROPERTY MATTER (See Item 1.01 of the General Manager's Report No. 2)
212 RESOLVED THAT the matter be referred for consideration in Committee of the Whole.
213 RESOLVED THAT Council now resolve itself into a Committee of the Whole.
COMMITTEE OF THE WHOLE
Resolved that in accordance with Section 10(2) of the Local Government Act, 1993, the following item(s) be considered in Committee of the Whole for the reason that publicity may be prejudicial to the interests of the Council or the individuals concerned and that Council staff (other than members of the Executive), and members of the Press and the public be excluded from the Council Chamber. Mr Peter Wright and Mr Roger Charlesworth attended for the presentation of the amended draft designs for the project only; Council's solicitors were present for the entire meeting.
GENERAL MANAGER'S REPORT NO. 2
Item 1.01 Property Matter
Further, that in accordance with the provisions of Section 11(1) and (2) of the Act for the reason(s) above-stated, the reports and correspondence relating to these matters be withheld from the Press and the public.
GENERAL MANAGER'S REPORT NO. 2
ITEM 1.01 PROPERTY MATTER (See Item 1.01- General Manager's Report No. 1)
The General Manager advised that Phoenix Capital Partners Pty Ltd had agreed to the Consultant Architect recommended by Council and that the draft designs for the project submitted to tonight's meeting were the result of the Consultant Architect's proposed amendments, which satisfied the Divisional Manager - Policy Planning & Environment's concerns about the exterior appearance of the building.
Retirement from the meeting:
Councillor M V Lynch, with the consent of the Mayor, retired from the meeting at this juncture as he had a previous commitment to attend a Board Meeting of the Illawarra Catholic Club..
Mr Peter Wright, Director, representing Phoenix Capital Partners Pty Ltd, and his Architect, Mr Roger Charlesworth of Wholohan, Charlesworth and Associates, then elaborated on the Consultant Architect's amended draft external finishes for the project, following which they received questions from the Councillors. Following the presentation, Mr Wright and Mr Charlesworth withdrew from the Council Chamber.
The Mayor requested that the Minutes identify the drawings considered at the meeting as follows - 1) Elevations: Drawing Numbers 9601/BA 15A - 18A
Prepared by : Wholohan, Charlesworth and Associates and Humphrey and Edwards (Consultant Architects) Dated: 21/7/97
2) Plans: Drawing Nos 9601/BA 02 - (08-09) and 9601/BA 010 - 014
Prepared by: Wholohan, Charlesworth and Associates Dated: 16/7/97
The meeting was adjourned for five minutes during discussion on section a) to permit consultation with Council's Solicitors of an acceptable motion in this regard.
a) THAT Council in its capacity as Principal, and not in its capacity as Local Authority, approve in principle the plans and specifications of the proposed development at 12-22 Dora Street, Hurstville, submitted to this meeting as the basis for preparation of detailed plans and specifications for approval and, if approved, for attachment to the Development Deed as the Construction Drawings.
THAT the General Manager be asked to convey to Sambah Holdings Pty Ltd. that Council will require the inclusions Schedule to the Development Deed to include all finishes necessary to ensure that the library is treated as a significant public place and finished to the highest standard.
FURTHER, THAT a Special Meeting be called to consider all design and specification issues prior to any further approval being given.
b) THAT Council authorise the Mayor and General Manager to negotiate and acquire both additional areas of approximately 475 sq.metres and 400 sq. metres each offered by Sambah Holdings Pty Ltd to be fitted out to a standard for use as a car park at a cost up to an amount of $300,000.
c) THAT Council authorise the Mayor and General Manager to sign all necessary legal documents when finalised in relation to the transaction, subject to Council's legal advisers Deacons Graham & James confirming in writing that the documents are in accordance with the terms outlined by Council and fully protect Council's interests.
d) THAT Sambah Holdings Pty Ltd be advised that Council, upon request, will approve Capitol Apartments Pty Ltd as the builder and as an assignee of the rights of Sambah Holdings Pty Ltd under the proposed Development Deed, subject to conditions that Capitol Apartments Pty Ltd -
a) provides evidence satisfactory to Council of its financial and technical capacity to construct and complete the development; and
b) executes a deed in a form approved by Council and its solicitors, under which it agrees to be bound by the terms of the proposed Development Deed.
214 RESOLVED THAT Committee of the Whole revert to Open Council.
215 RESOLVED THAT the Report of the Committee of the Whole as read by the General Manager be received and that the recommendations be adopted.
THE MEETING CLOSED AT 11.16 PM
CONFIRMED THIS THIRTEENTH DAY OF AUGUST NINETEEN HUNDRED AND NINETY - SEVEN