MINUTES OF THE MEETING OF THE COUNCIL HELD ON WEDNESDAY, 25 NOVEMBER, 1998 AT 8.05 PM
PRESENT:
Council Members:
His Worship the Mayor, Councillor M Frawley (Chairperson) Councillor P Olah Councillor M Lynch Councillor J Griffin Councillor C Neil Councillor B McDonald Councillor B Giegerl Councillor W Pickering Councillor P Sansom Councillor M Smith Councillor R Stewart
Council Staff:
General Manager, Mr H. E. J. Wallace Divisional Manager - Business & Financial Services, Mr W. Bradey Divisional Manager - Community & Corporate Services, Mr P. Jackson Divisional Manager - Engineering, Mr C. Little Divisional Manager - Development & Health, Mr D. Beaumont Divisional Manager - Policy, Planning & Environment, Ms J. McCredie Manager - Engineering Administration, Mr L. O'Connor Manager - Approvals, Mr G. Young Manager - Financial Services, Mr D. Turnbull Manager - Financial Accounting, Mr P. Fiori Manager - Corporate Services, Mr W. Park Manager - Community Services, Mrs L. George Manager - Library & Information Services, Mr L. Urane Communications Officer, Miss S. Casey Minute Clerk, Miss S. Petkovic
National Anthem and Opening Prayer:
Following the National Anthem, the meeting was led in the Opening Prayer by Reverend Winston Gauder, International Community Fellowship.
CONFIRMATION OF MINUTES
Council Meeting - 4/11/1998
371 RESOLVED THAT the Minutes of the meeting of the Council held on Wednesday, 4 November, 1998 as previously circulated to each Councillor, be confirmed as a correct record.
Council Meeting - 24/11/1998
372 RESOLVED THAT the Minutes of the meeting of the Council held on Tuesday, 24 November, 1998 as previously circulated to each Councillor, be confirmed as a correct record.
APOLOGIES
Apology for inability to be present was tendered on behalf of Councillor F Dominelli.
373 RESOLVED THAT the apology be received and leave of absence granted.
MATTERS OF PRIVILEGE
Condolences:
The General Manager, Mr Howard Wallace advised of the passing on Saturday, 7 November, 1998 of MRS JESSIE BREWER, the wife of Council's former Municipal Engineer/Town Planner, Mr Albert H (Bert) Brewer. It is requested that condolences be conveyed to the Brewer family on Council's behalf.
374 RESOLVED THAT condolences be conveyed on Council's behalf as requested.
Council then observed a period of silence as a mark of respect.
10th Anniversary of the Proclamation of Hurstville as a City:
His Worship the Mayor, Councillor M Frawley advised that last night a Special Council Meeting was held to commemorate the 10th Anniversary of Hurstville being proclaimed a City and conveyed congratulations and best wishes to the staff in the organisation and to current and former Councillors.
Carrington Street:
Councillor Giegerl tabled a letter and petition received from the Carrington Street, Penshurst residents and requested that this matter be considered.
Motions Submitted to Local Government Conference, Canberra:
Councillor Giegerl advised that the submission of motions to the 1998 National General Assembly of Australian Local Government held in Canberra regarding the conduct of a Drug Summit and controls on the use of jacob brakes, had been received and carried, unanimously.
St George & Sutherland Leader Article:
Councillor J Griffin referred to an article published by the St George & Sutherland Leader on Thursday, 12th November regarding the housing development for elderly people and people with disabilities at 2 Cahill Street and 198-198A Stoney Creek Road, Beverly Hills and indicated that such article was incorrect and requested that a letter be forwarded to the newspaper requesting that a statement be published containing amendments to the wrongly recorded information. Matters for Committee of the Whole:
The Mayor and Councillor C Neil indicated that they had matters they wished to raise in Committee of the Whole.
375 RESOLVED THAT the reports be received and noted.
DISCLOSURE OF INTEREST IN MATTERS BEFORE COUNCIL
The following Councillors declared an interest in matters before the Council -
Clr M Smith - Item 3.26 Rotary Club of Hurstville - Sale of Christmas Trees Clr P Sansom - Item 4.06 Evatt Park - "Jazz in the Park" - Lions Club of Lugarno
REPORTS FROM COMMITTEES
FINANCE COMMITTEE
Interest: In accordance with the interest previously declared, Councillor M Smith withdrew from the Council Chamber for the period of debate and voting on Item 3.26.
376 RESOLVED THAT the report of the Finance Committee (General Manager, Divisional Manager - Business & Financial Services and Divisional Manager - Community & Corporate Services' reports) as read by the Divisional Manager - Community & Corporate Services be received and the recommendations adopted with the exception of the following item referred to Council for consideration -
Item 3.09 The Sisters of Our Lady of China Peakhurst Nursing Home - Extension of Nursing Home Facility
and
Item 3.23 Property Matter - Penshurst
referred to Council for consideration in Committee of the Whole.
WORKS COMMITTEE
Interest: In accordance with the interest previously declared, Councillor P Sansom withdrew from the Council Chamber for the period of debate and voting on Item 4.06.
377 RESOLVED THAT the report of the Works Committee (Divisional Manager - Engineering's report), as read by the Manager - Engineering Administration be received and the recommendations adopted with the exception of the following items referred to Council for consideration in Committee of the Whole -
Divisional Manager - Development & Health's Report
378 RESOLVED THAT the report of the Development, Health & Planning Committee (Divisional Manager - Development & Health's report) as read by the Divisional Manager - Development & Health, be received and the recommendations adopted with the exception of the following item referred to Council for consideration -
Item 5. 02.01 2 Cahill Street and 198-198A Stoney Creek Road, Beverly Hills
379 RESOLVED THAT the report of the Development, Health & Planning Committee (Divisional Manager - Policy Planning & Environment's report) as read by the Divisional Manager - Policy Planning & Environment, be received and the recommendations adopted.
COMMUNITY SERVICES COMMITTEE - 11/11/1998
380 RESOLVED THAT the report of the meeting of the Community Services Committee held on 11 November, 1998, as previously circulated to all Councillors, be received and the recommendations adopted.
381 RESOLVED THAT the report of the meeting of the Policy Review, Forward Planning & Staff Committee held on 18 November, 1998, as previously circulated to all Councillors, be received and the recommendations adopted.
MATTERS REFERRED TO COUNCIL FOR CONSIDERATION
FINANCE COMMITTEE
Divisional Manager - Corporate & Community Services Report No. 1
ITEM 3.09 THE SISTERS OF OUR LADY OF CHINA PEAKHURST NURSING HOME - EXTENSION OF NURSING HOME FACILITY
382 RESOLVED THAT the matter be deferred and an appropriate date be set for Ward and other interested Councillors, to inspect the site.
DEVELOPMENT, HEALTH & PLANNING COMMITTEE
Divisional Manager - Development, Health and Planning's Report No. 1
ITEM 5.02.01 2 CAHILL STREET AND 198-198A STONEY CREEK ROAD, BEVERLY HILLS
383 RESOLVED THAT the matter be deferred for the submission of new plans incorporating the matters listed in the recommendation to the Divisional Managers' Report, including the two (2) additional conditions raised regarding fencing to the two street frontages, THAT once received, the new plans be forwarded to the Department of Urban Affairs and Planning for comment regarding their compliance with State Environmental Planning Policy No. 5 and THAT a report be submitted to Council in relation to the new plans, include a tabular report regarding Statutory Compliance to SEPP 5 as well as reports from all relevant Divisional Managers.
FURTHER, THAT the current objectors be advised of Council's decision in this matter.
CONFIDENTIAL MATTERS REFERRED TO COMMITTEE OF THE WHOLE
384 RESOLVED THAT Council now resolve itself into a Committee of the Whole and in accordance with Section 10(2)(c) of the Local Government Act, 1993, Council staff (other than members of the Executive and the Minute Clerk) and members of the Press and the public be excluded from the Council Chamber during consideration of the following items for the reasons stated:-
DIVISIONAL MANAGER - COMMUNITY & CORPORATE SERVICES' REPORT NO. 2
The following matter is referred for consideration in Committee of the Whole under the provisions of Section 10A(2)(c) of the Local Government Act, 1993, as it relates to property transactions where disclosure of the information would confer a commercial advantage on persons with whom Council is conducting business which could be detrimental to Council's financial position in these matters and therefore not in the public interest -
ITEM 3.01 Property Matter - Penshurst
DIVISIONAL MANAGER - ENGINEERING'S REPORT NO. 2
The following matters are referred for consideration in Committee of the Whole under the provisions of Section 10A(2)(c) of the Local Government Act, 1993, as they relate to tenders where disclosure of the information would confer a commercial advantage on persons with whom Council is conducting business which could be detrimental to Council's financial position in the matter and therefore not in the public interest -
The following matter is referred for consideration in Committee of the Whole under the provisions of Section 10A(2)(a) of the Local Government Act, 1993, as it relates to personnel matters concerning particular individuals where disclosure of the information would convey information of a private and personal nature of those individuals and therefore not in the public interest -
CHINESE AUSTRALIAN SERVICES SOCIETY CO-OPERATIVE LTD - Conduct of Citizenship Ceremony
The following matter is referred for consideration in Committee of the Whole under the provisions of Section 10A(2)(a) of the Local Government Act, 1993, as it relates to personnel matters where disclosure of the information would be detrimental to Council's position in the matter and therefore not in the public interest -
Review of Council's Organisational Structure
FURTHER, THAT in accordance with the relevant provisions of the Act, the reports, correspondence and other relevant documentation associated with these matters be withheld from the Press and the public.
In accordance with the Councils' Code of Meeting Practice, before putting the above motion to the meeting, the Mayor requested those members of the public present to indicate whether they wished to make representations to the meeting, before it was closed to the public, as to whether that part of the meeting dealing with any or all of the above matters should or should not be closed. As no representations were received from members of the public the Mayor declared the motion CARRIED.
Temporary Adjournment: The Mayor adjourned the meeting for five minutes (8.50pm) before proceeding into Committee of the Whole.
COMMITTEE OF THE WHOLE (8.55 pm)
DIVISIONAL MANAGER - COMMUNITY & CORPORATE SERVICES' REPORT NO. 2
ITEM 3.01 PROPERTY MATTER - PENSHURST (see Item 3.23 of the Divisional Manager - Community & Corporate Services' Report No. 1)
COMMITTEE'S RECOMMENDATION:
THAT the recommendation contained in the Divisional Managers' Report No. 2.
DIVISIONAL MANAGER - ENGINEERING'S REPORT NO. 2
ITEM 4.01 HURSTVILLE HOUSE, SHOP 4 - AIR CONDITIONING (see Item 4.12 of the Divisional Manager - Engineering's Report No. 1)
COMMITTEE'S RECOMMENDATION:
THAT the recommendation contained in the Divisional Manager's report No. 2, be adopted and FURTHER, THAT a report be submitted to Council regarding the possible need to either upgrade or replace the air conditioning system in Hurstville House and the possible calling of tenders in this regard.
ITEM 4.02 TENDER - RIVERWOOD WETLANDS (see Item 4.13 of the Divisional Manager - Engineering's Report No. 1)
COMMITTEE'S RECOMMENDATION:
THAT the recommendation contained in the Divisional Manager's report No. 2, be adopted.
LATE MATTERS
CHINESE AUSTRALIAN SERVICES SOCIETY CO-OPERATIVE LTD - Conduct of Citizenship Ceremony:
As a matter of urgency, His Worship the Mayor, Councillor M Frawley, in relation to Item 3.09 of the Finance Committee Report to the Council meeting of 4th November, 1998 requested that Council authorise him to administer the oath at a Citizenship Ceremony being conducted by the Chinese Australian Services Society Co-Operative Ltd in the Civic Theatre on Wednesday, 2nd December, 1998.
COMMITTEE'S RECOMMENDATION:
THAT the Mayor be authorised to administer the oath at the Australian Citizenship Ceremony being conducted by the Chinese Australian Services Society Co-Operative Ltd on Wednesday, 2nd December, 1998.
Review of Council's Organisation Structure:
Councillor C Neil requested permission, as a matter of urgency, to raise a matter associated with Item 1.01A of the Finance Committee Report to the Council meeting of 4th November, 1998 in relation to the review of Council's Organisation Structure.
His Worship Mayor, Councillor Frawley subsequently determined that the issue raised could be dealt with as a matter of urgency.
COMMITTEE'S RECOMMENDATION:
THAT a Committee comprised of the Mayor and six (6) Councillors be established in association with the review of Council's Organisation Structure.
THAT the committee be responsible for interviewing four (4) consultants considered appropriate to review the Council's Organisational Structure and selecting one (1) of these consultants by 23rd December, 1998 to undertake the review and subsequently overviewing the activities of the selected consultant on the basis of a final report by the consultant, being submitted by the end of February, 1999.
FURTHER, THAT the Committee be comprised of the Mayor and Councillors B Giegerl, J Griffin, C Neil, P Olah, W Pickering and P Sansom and THAT a preliminary meeting of the committee be held prior to the Law & Order Committee meeting to be held on Wednesday, 2nd December, 1998.
385 RESOLVED THAT Committee of the Whole revert to Open Council.
OPEN COUNCIL
386 RESOLVED THAT the Report of the Committee of the Whole as detailed be received and that the recommendations be adopted.
THE MEETING CLOSED AT 9.15 PM
CONFIRMED THIS SIXTEENTH DAY OF DECEMBER ONE THOUSAND, NINE HUNDRED AND NINETY-EIGHT