MINUTES OF THE MEETING OF THE COUNCIL
HELD ON WEDNESDAY 22ND NOVEMBER, 2006 AT 7.04 P.M.


PRESENT

Council Members:

His Worship the Mayor, Councillor V Badalati (Chairperson)
Councillor B Giegerl
Councillor D Gillespie
Councillor C Hindi
Councillor C Lee
Councillor S McMahon
Councillor C Minns
Councillor W Pickering
Councillor P Sansom
Councillor C Wong


Council Staff:

Acting General Manager, Mr V Lampe
Director - Administration, Mr J Tripp
Acting Director - Service Delivery, Mr L O'Connor
Senior Manager - Administration, Mr W Park
Chief Finance Officer, Ms J Hately
Manager - Community Services, Mr D Linden
Manager Community & Library Services, Ms L George
Commercial Property Manager, Mr G McDonald
Masterplan Project Manager, Ms H Hillier
Acting Minute Clerk, Ms C Hobson

Events & Protocol Officer, Ms Jo Reid
Manager Environmental Health & Building, Ms Jeannie Nicol
Manager Development Assessment, Ms Tina Christy
Manager Strategic Planning, Ms Nerida Stores
Entertainment Centre Manager, Ms Dijana Aleksovski
Manager Administration, Mr W Lawrence

Opening Prayer:

Following the National Anthem, the meeting was led in the Opening Prayer by Major Colin Maxwell, Salvation Army, Hurstville.

Statement by the Mayor:

"The Council wishes to acknowledge the traditional owners of the land on which this meeting is being held as the Bidjigal Clan of the Eora Nation".

CONFIRMATION OF MINUTES

Ordinary Meeting - 25th October, 2006

Minute No. 434

RESOLVED THAT the Minutes of the Ordinary Meeting of the Council held on 25th October, 2006, as previously circulated to each Councillor, be confirmed as a correct record.

(Moved Clr C Hindi/Seconded Clr W Pickering)

APOLOGIES

Apologies for the inability to be present were tendered on behalf of Councillors S Grekas and J Morris.

Minute No. 435

RESOLVED THAT the apologies be accepted and leave of absence granted.

(Moved Clr C Wong/Seconded Clr C Hindi)

MATTERS OF PRIVILEGE

Condolences:

His Worship the Mayor, Councillor V Badalati, advised Council of the death on 28 October of Mr Brian Fallon, beloved husband of Mrs Mary Fallon, and much-loved father of his 7 children and 22 grandchildren.

Mr Fallon was the father and father-in-law of Mrs Frances and Mr Kevin Greene MP, and Family.

Requiem Mass was celebrated at Our Lady of Fatima Catholic Church, Peakhurst on Friday, 3 November.

A floral arrangement was sent to the Greene family home on 7th November, with the condolences of the Mayor, Councillors and Staff.

***********************

His Worship the Mayor, Councillor V Badalati, advised Council of the death of Mrs Catherine Hamer, aged 43 years on 4 November, late of Lugarno, the dearly loved wife of Mr David Hamer, and much-loved mother of Louise and Luke.

Mass of Christian Burial was celebrated at Our Lady of Fatima Catholic Church, Peakhurst on 10th November.

A floral arrangement was sent to David and family on 7th November, with the condolences of the Mayor, Councillors and Staff.

Other Matters:

Councillor P Sansom referred to an article in the St George Leader a couple of weeks ago, regarding the representation of St George and Sutherland Shire Councillors on the Executive of the Local Government Association. Councillor Sansom pointed out that the fact that Councillor B Giegerl had been elected unopposed to the Executive as Treasurer for the third time in a row, had been omitted from the article. Councillor Giegerl's election as Vice President of the Metropolitan Public Libraries Association had also been omitted. Councillor Sansom congratulated His Worship the Mayor, Councillor V Badalati, on being newly elected to the Executive of the Local Government Association and also Councillor Giegerl for being elected as Treasurer of the Local Government Association and Vice President of the Metropolitan Public Libraries Association.

Councillor C Hindi congratulated His Worship the Mayor, Councillor V Badalati, on his election to the Executive of the Local Government Association and Councillor Giegerl on her third unopposed election as Treasurer of the Local Government Association. Councillor Hindi went on to say that Council is proud to have two such Councillors represent Hurstville City Council and the St George and Sutherland area in the Local Government Association.

Councillor C Hindi congratulated His Worship the Mayor, Councillor V Badalati, on his use of the Hurstville Comment, which is to inform the public and residents of what Hurstville City Council is doing for them.

Councillor B Giegerl advised Council of the Local Government Climate Change Mitigation and Adaptation Program on the 27th November, 2006, and suggested that if any Councillors could attend it would be of great advantage to Council. Councillor Giegerl asked, under privilege, for payment of an invoice for $50.00 for her participation in this program. Approval was granted.

Procedural Motion

Minute No. 436

Councillor P Sansom moved a procedural motion that the first item of business be CCL229A-06 - 47-67 Mulga Road, Oatley - Section 96 Modification to Relocate Spaces within Building and Satisfy Access and Egress Requirements of the Building Code of Australia

(Moved by Clr P Sansom/Seconded by Clr W Pickering)

Congratulations:

His Worship the Mayor, Councillor V Badalati, advised Council of the upcoming marriage of Ms. Helen Hillier, Council’s Masterplan Project Manager, to Mr John Spira.

The marriage will take place on Saturday, 2nd December at the Royal Motor Yacht Club, Point Piper.

Congratulations and very best wishes to Helen and John for their future life together, from all at Hurstville City Council.

Item brought forward with regard to Procedural Motion No. 436 under Privilege

At this juncture the Mayor suspended Standing Orders to allow Mr Ted Cooper and Mrs Anne Wagstaff, proponents of the application, to address Council.

Minute No. 437
Item No: CCL229A - 06 47-67 MULGA ROAD, OATLEY - SECTION 96 MODIFICATION TO RELOCATE SPACES WITHIN BUILDING AND SATISFY ACCESS AND EGRESS REQUIREMENTS OF THE BUILDING CODE OF AUSTRALIA
RESOLVED THAT Council oppose the proposed fire escape due to reduction of the deep soil landscaped area and oppose the proposed ventilation grilles due to noise impact on the adjoining neighbours.

THAT Council's solicitor be instructed to put Council's position on the application to the Land and Environment Court.

THAT Council appoint an expert consultant to examine an alternative egress provision to avoid loss of landscape area and provide evidence to the Court.

FURTHER, THAT Council appoint an acoustical engineer to present evidence to the Court.

(Moved Clr P Sansom/Seconded Clr D Gillespie)

It was noted that this was a unanimous decision.

DISCLOSURE OF INTEREST IN MATTERS BEFORE COUNCIL

Councillor C Lee disclosed an interest in Committee of the Whole Item No. COW067/06 as he acts as legal adviser for the parents of one of the nominees.

COUNCIL MEETING REPORTS

Item No: CCL204 - 06 REPORT OF THE MEETING OF THE FINANCE, PROPERTY AND PROJECTS COMMITTEE HELD ON WEDNESDAY, 15TH NOVEMBER, 2006RESOLVED THAT the Minutes of the Finance, Property and Projects Committee held on Wednesday 15th November, 2006, be adopted.

(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: CCL205 - 06 REPORT OF THE MEETING OF THE SERVICE DELIVERY, CHILD CARE POLICY AND SENIOR CITIZENS COMMITTEE HELD ON WEDNESDAY, 15TH NOVEMBER, 2006RESOLVED THAT the Minutes of the Service Delivery, Child Care Policy and Senior Citizens Committee held on Wednesday 15th November, 2006, be adopted, with the exception of SD170.15 - 06, SD173 - 06, SD175 - 06 and SD190 - 06.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: CCL206 - 06 REPORT OF THE MEETING OF THE POLICY, PLANNING, ENVIRONMENT AND MASTER PLAN IMPLEMENTATION COMMITTEE HELD ON WEDNESDAY, 15TH NOVEMBER, 2006RESOLVED THAT the Minutes of the Policy, Planning, Environment and Master Plan Implementation Committee held on Wednesday 15th November, 2006, be adopted, with the exception of PPE035A - 06, PPE036A - 06 and PPE037A - 06.

(Moved Clr P Sansom/Seconded Clr C Hindi)

MATTERS REFERRED TO COUNCIL FOR CONSIDERATION

Policy, Planning, Environment and Master Plan Implementation Committee

It was noted that Item Nos. PPE035A - 06 - Proposed Amendments to Development Control Plan No. 4 City Centre DCP for 105 Forest Road, Hurstville and PPE037A - 06 - Addendum to Report PPE035A - 06, were dealt with concurrently.

Minute No. 438
Item No: PPE035A - 06 PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 CITY CENTRE DCP FOR 105 FOREST ROAD, HURSTVILLE
RESOLVED THAT Council, in principle, endorse the proposed amendments to the planning controls for 105 Forest Road, Hurstville, Block 27, Site 27A in Development Control Plan No. 4 – Hurstville City Centre as outlined in this report.

THAT, should Council support the amendments to DCP 4, that the amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

THAT during the public exhibition of the amendments to DCP 4 the following information and work be undertaken:
THAT Council reaffirms its commitment to the Hurstville to Strathfield rail corridor and requests SSROC and WSROC to lobby the Minister for Planning to seek support for the identification and protection of an underground corridor.

THAT the proposed slender tower component on the corner have a maximum height of ten stories.

FURTHER, THAT Council include an additional paragraph in the Design Principles for 105 Forest Road as follows:

"These controls are provided on the basis that some form of material public benefit will be provided in accordance with the City Centre Master Plan."

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor D Gillespie left the Chamber at 8.00 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06, returning to the Chamber at 8.06 and was present for voting on these items.

It was noted that Councillor W Pickering left the Chamber at 8.12 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06 and was not present for voting on these items. It was further noted that Councillor W Pickering returned to the Chamber at 8.35 p.m. after voting on Item No. SD175 - 06 had taken place.

Minute No. 439
Item No: PPE036A - 06 13-17 WOODVILLE STREET, HURSTVILLE (ILLAWARRA CATHOLIC CLUB) - PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 HURSTVILLE CITY CENTRE
RESOLVED THAT Council endorse proposed amendments to the planning controls for 13-17 Woodville Street, Hurstville (the Illawarra Catholic Club site) Block 15, Site 15B in DCP No. 4 Hurstville City Centre.

THAT the proposed amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

THAT with regard to the setbacks the Woodville Street frontage be 6m, the NRMA side be 5m, the rear side 7.4m, the Victory House Car Parking side 3m and the Victory House Building side 5m.

THAT with regard to building height a maximum of sixteen storeys be established, which is consistent with the MasterPlan and would be subject to Airport Authorities approval and also the design be a quality design with a floor plate of 1200 square metres, which has an FSR of 8.4:1.

FURTHER, THAT following public exhibition that a report be presented back to Council.

(Moved Clr P Sansom/Seconded Clr C Wong)

It was noted that this was a unanimous decision.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Minute No. 440
Item No: PPE037A - 06 ADDENDUM TO REPORT PPE035A-06 - PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 CITY CENTRE DCP FOR 105 FOREST ROAD, HURSTVILLE
RESOLVED THAT Council, in principle, endorse the proposed amendments to the planning controls for 105 Forest Road, Hurstville, Block 27, Site 27A in Development Control Plan No. 4 – Hurstville City Centre as outlined in this report.

THAT, should Council support the amendments to DCP 4, that the amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

THAT during the public exhibition of the amendments to DCP 4 the following information and work be undertaken:
THAT Council reaffirms its commitment to the Hurstville to Strathfield rail corridor and requests SSROC and WSROC to lobby the Minister for Planning to seek support for the identification and protection of an underground corridor.

THAT the proposed slender tower component on the corner have a maximum height of ten stories.

FURTHER, THAT Council include an additional paragraph in the Design Principles for 105 Forest Road as follows:

"These controls are provided on the basis that some form of material public benefit will be provided in accordance with the City Centre Master Plan."

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor W Pickering left the Chamber at 8.12 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06 and was not present for voting on these items.

Service Delivery, Child Care Policy and Senior Citizens Committee

Minute No. 441
Item No: SD170.15 - 06 PITT STREET, MORTDALE - REQUEST FOR RESIDENT PARKING SCHEME
RESOLVED THAT the request to install a Resident Parking Scheme in Pitt Street, Mortdale be denied.

FURTHER, THAT Mr. Kevin Greene MP, Member for Georges River be notified of Council’s decision.

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Minute No. 442
Item No: SD173 - 06 REMOVAL OF STREET TREE - 12 TRAFALGAR STREET, PEAKHURST
RESOLVED THAT the tree not be removed.


(Moved Clr P Sansom/Seconded Clr C Hindi)

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Minute No. 443
Item No: SD175 - 06 CENTRE RUN BASKETBALL COMPETITION - HURSTVILLE AQUATIC LEISURE CENTRE
RESOLVED THAT consideration of the matter be deferred pending consultation between the parties involved with the previous and proposed Basketball Competitions.


(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor C Minns left the Chamber at 8.31 p.m., returning to the Chamber at 8.34 p.m., being present for voting on this matter.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Minute No. 444
Item No: SD190 - 06 REQUEST FOR FREE USE OF THE ST GEORGE REGIONAL MUSEUM WORKSHOP AREA BY THE UNIVERSITY OF THE THIRD AGE
RESOLVED THAT the application be approved subject to the seven (7) conditions recommended in the report.

It was noted that Councillor S McMahon left the Chamber at 8.31 p.m., returning to the Chamber at 8.33 p.m. after voting on this matter had taken place.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Minute No. 445
Item No: CCL207 - 06 REMINDERS
RESOLVED THAT the information be received and noted.

(Moved Clr C Hindi/Seconded Clr S McMahon)

Minute No. 446
Item No: CCL208 - 06 RETURN OF THANKS
RESOLVED THAT the information be received and noted.

(Moved Clr C Hindi/Seconded Clr S McMahon)

Minute No. 447
Item No: CCL209 - 06 APPOINTMENT OF DELEGATES TO ST GEORGE COMMUNITY TRANSPORT PROJECT
RESOLVED THAT the report be received and noted and Council’s Community Worker, Aged and Disability Services Virginian Field be appointed as Council’s alternative delegate to the St George Community Transport Project.

(Moved Clr C Minns/Seconded Clr C Hindi)

Minute No. 448
Item No: CCL210 - 06 2006 CHRISTMAS PARTY FOR SPECIAL CHILDREN
(Report by Manager - Administration, Mr W Lawrence)

RESOLVED THAT Council provide sponsorship of the 2006 Christmas Party for Special Children to the value of $450.00.

FURTHER, THAT in future, sponsorship of this event be considered in conjunction with the Community Grants Program.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Minute No. 449
Item No: CCL211 - 06 DEVELOPMENT APPLICATION FOR NEW PARK - NARWEE HIGH SCHOOL SITE
RESOLVED THAT Council, as owner of the land, approve the lodgement of the Development Application and subsequent Construction Certificate for the construction of a new park on the old Narwee High School site, by Sunland Group.

FURTHER, THAT a report be provided to Council detailing a suitable competition to name the new park.

(Moved Clr S McMahon/Seconded Clr B Giegerl)

It was noted that this was a unanimous decision.

It was noted that Councillor C Hindi left the Chamber at 8.52 p.m., returning to the Chamber at 8.55 p.m. and was present for voting on this matter.

Minute No. 450
Item No: CCL212 - 06 FRIENDLY TOWN RELATIONSHIP TAMWORTH REGIONAL COUNCIL
RESOLVED THAT Council agree to the establishment of a friendly town relationship with the Tamworth Regional Council and that the Mayor of Tamworth be invited to attend the Council meeting on 13th December to formalise this relationship.

(Moved Clr S McMahon/Seconded Clr D Gillespie)

Minute No. 451
Item No: CCL213 - 06 JOINT REGIONAL WASTE CONTRACT - BEST PRACTICE RESEARCH PROGRAMS
RESOLVED THAT approval be granted for any interested Councillors, the Acting Director, Service Delivery and the Manager, Environmental Services to undertake an inspection and investigation of the Brisbane City Council’s Integrated Waste Management Contract and the Maroochy Shire Councils Waste Management operations at Nambour, Queensland, as outlined in this report.

FURTHER, THAT all costs in relation to this research be funded from the 2006/07 Domestic Waste Program Budget.

(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 452
Item No: CCL214 - 06 PENSHURST RSL SUB-BRANCH - PROPOSAL FOR A WAR MEMORIAL IN PENSHURST
RESOLVED Council notes the Penshurst RSL Sub-Branch request and that their request will be factored into the assessment of tenders for the Connelly Street site.

(Moved Clr C Hindi/Seconded Clr S McMahon)

Minute No. 453
Item No: CCL215 - 06 REQUEST FOR EXTENSION OF ASSISTANCE WITH PROVISION OF SETTLEMENT SERVICES FOR CHINESE SPEAKING COMMUNITY
RESOLVED THAT Council agree to the request from the Chinese Australian Services Society for an extension of the accommodation assistance provided in the delivery of Settlement Services in Hurstville as outlined in this report.

FURTHER, THAT a full report on this matter be forwarded to the Local Government Association for the purpose of contributing towards any report prepared to identify areas of cost shifting to Local Government.

(Moved Clr C Wong/Seconded Clr P Sansom)

Minute No. 454
Item No: CCL216 - 06 PROPERTY MATTER – HURSTVILLE CITY COUNCIL GRANTING EASEMENT AT JOHNSTONE PARK (OGILVY ST PEAKHURST) TO DRAIN STORMWATER
RESOLVED THAT Council approve the creation and sale of easement in Johnstone Park and be compensated for $5,000 plus costs estimated at $3,300.

FURTHER, THAT authority is given to the Mayor and General Manager for any documentation in association with this matter being executed under the Common Seal of Council.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Minute No. 455
Item No: CCL217 - 06 MANAGEMENT PLAN 2006/09 1ST QUARTER REPORT
RESOLVED THAT Council receive and note the 1st Quarter Report to the Management Plan 2006/09.

FURTHER, THAT Council publish the 1st Quarter Report to the Management Plan by posting it on Council's Website.

(Moved Clr P Sansom/Seconded Clr S McMahon)

Minute No. 456
Item No: CCL218 - 06 2006 PROGRAM OF EXCHANGES WITH THE CITY OF SHIROISHI
RESOLVED THAT the information be received and noted.

(Moved Clr P Sansom/Seconded Clr C Lee)

Minute No. 457
Item No: CCL219 - 06 2007 AUSTRALIA DAY CITIZEN OF THE YEAR, YOUNG CITIZEN OF THE YEAR AND YOUNG SPORTSPERSON OF THE YEAR
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to personnel and pursuant to Sub Clause (2)(d) are regarded as being information of a confidential nature that would, if disclosed, prejudice the position of the person who supplied it.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.

(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 458
Item No: CCL220 - 06 SOLE CATERING RIGHTS - HURSTVILLE ENTERTAINMENT CENTRE
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to Sole Catering Rights - Hurstville Entertainment Centre and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 459
Item No: CCL221 - 06 PROPERTY MATTER – HURSTVILLE GOLF COURSE STRATEGIC PLAN
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to Hurstville Golf Course and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 460
Item No: CCL222 - 06 PROPERTY MATTER - STATUS REPORT FOR COUNCIL DEVELOPMENT PROPERTIES
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to the Status Report for Council Development Properties and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 461
Item No: CCL223 - 06 PROPERTY MATTER – SALE OF SURPLUS PROPERTY – 2 BARRATT STREET, HURSTVILLE
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to the sale of surplus property and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 462
Item No: CCL224 - 06 LEGAL MATTER - QWN 53-05 - 41 DONALD STREET, HURSTVILLE
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to legal professional opinion and pursuant to Sub Clause (2)(g) are regarded as being advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 463
Item No: CCL225 - 06 HURSTVILLE FAMILY DAY CARE BUDGET IMPLICATIONS OF REDUCTION IN FEDERAL OPERATIONAL FUNDING
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to the Hurstville Family Day Care Budget and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 464
Item No: CCL226 - 06 PROPERTY MATTER – COMPULSORY ACQUISITION
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to Compulsory Acquisition of Property and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Local Government Act, 1993, the reports and correspondence relating to this matter be withheld from the press and public.


(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 465
Item No: CCL227A - 06 CERTIFICATE OF CASH & INVESTMENTS AS AT 15TH NOVEMBER, 2006
RESOLVED THAT the report be received and noted.

(Moved Clr P Sansom/Seconded Clr C Wong)

Minute No. 466
Item No: CCL228A - 06 SEPTEMBER QUARTERLY FINANCIAL REVIEW
RESOLVED THAT the report be received and noted.

FURTHER, THAT Program votes be adjusted in accordance with Attachment 1 - September Budget Summary.

(Moved Clr P Sansom/Seconded Clr C Wong)

Note: Item No. CCL229 - 06 - 47-67 Mulga Road, Oatley - Section 96 Modification to Relocate Spaces within Building and Satisfy Access and Egress Requirements of the Building Code of Australia, was dealt with earlier in the meeting under Minute No. 437.

Minute No. 467
Item No: CCL230A - 06 NSW DEPT OF EDUCATION & TRAINING'S SOUTH WESTERN SYDNEY REGION EDUCATION WEEK COMMITTEE - MERRYLANDS PUBLIC SCHOOL
RESOLVED THAT Council decline the request due to the limitations of a predetermined budget.

(Moved Clr P Sansom/Seconded Clr S McMahon)

Minute No. 468
Item No: CCL231A - 06 REQUEST FOR TREE REMOVAL AT 35 ANDERSON ROAD, MORTDALE
RESOLVED THAT approval be granted for removal of the tree.

(Moved Clr S McMahon/Seconded Clr D Gillespie)

Minute No. 469
Item No: CCL232A - 06 REQUEST FOR TREE REMOVAL AT 46 LLOYD STREET, OATLEY
RESOLVED THAT approval be granted for removal of the tree.

(Moved Clr S McMahon/Seconded Clr D Gillespie)

Minute No. 470
Item No: CCL233A - 06 PROPERTY MATTER –ACQUISITION OF PROPERTIES AT 243A AND 245-247 FOREST ROAD
RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act, 1993, the matters dealt with in this report are to be considered in Committee of the Whole at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to the acquisition of properties and pursuant to Sub Clause (2)(d) are regarded as being commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it, confer a commercial advantage on a competitor of the Council, or reveal a trade secret.

(Moved Clr S McMahon/Seconded Clr D Gillespie)


REPORTS FROM COMMITTEES

FINANCE, PROPERTY AND PROJECTS

Item No: FIN201 - 06 QWN - 45-06 CLR W PICKERING - TREACY ST CAR PARKING PERMITS
RESOLVED THAT the organisations provided with parking permits be requested to provide the name and car registration number for each staff member that have use of a permit.

(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: FIN202 - 06 REQUEST FOR FINANCIAL ASSISTANCE - REBECCA YU
RESOLVED THAT the request for financial assistance be denied, as it does not comply with Council's policy on this matter.

(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: FIN203 - 06 MATTERS SUBMITTED FOR THE INFORMATION OF MEMBERS
RESOLVED THAT the information be received and noted.

(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: FIN204A - 06 ANNUAL REPORT 2005-2006
RESOLVED THAT the report be received and noted.

FURTHER, THAT the report be forwarded to the Department of Local Government and be published on Council's website.

(Moved Clr P Sansom/Seconded Clr C Hindi)



SERVICE DELIVERY, CHILD CARE POLICY AND SENIOR CITIZENS POLICY

Item No: SD170 - 06 MINUTES OF THE HURSTVILLE TRAFFIC ADVISORY COMMITTEE MEETING
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.01 - 06 MULGA ROAD, OATLEY - TRAFFIC MANAGEMENT PLAN FOR CONCRETE WORKS
RESOLVED THAT the information be received and noted.

THAT Dei Corp Pty. Ltd. be requested to notify the NSW Police Force indicative delivery dates.

THAT Dei Corp Pty. Ltd. be requested to notify all affected residents of Waratah Street, Oatley of the indicative delivery dates.

FURTHER, THAT Council note that on these occasions the amended traffic management plan (with concrete trucks utilising Waratah Street, Oatley) will be in operation.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.02 - 06 MULGA ROAD, OATLEY - WORKS ZONE
RESOLVED THAT the request to extend the approved Works Zone on Mulga Road, Oatley for an additional period be approved - expiring 24/2/07.

THAT Dei Corp Pty. Ltd be invoiced for the cost of the Works Zone.

THAT Mr Peter Groenewegen of Dei Corp Pty Ltd be notified of Council’s decision.

FURTHER, THAT all affected businesses and residents of Oatley be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.03 - 06 105 FOREST ROAD, HURSTVILLE - PROPOSED AMENDMENT TO DCP 4 (HURSTVILLE TOWN CENTRE)RESIDENTIAL / COMMERCIAL DEVELOPMENT
RESOLVED THAT Council note the amended “Assessment of Traffic & Parking Implications” prepared by Traffic Impact Services Pty. Ltd. dated August 2006.

FURTHER, THAT the above comments be forwarded to the Strategic Planning for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.04 - 06 INTERSECTION OF QUEENS ROAD & DORA STREET, HURSTVILLE - TRAFFIC SIGNALS
RESOLVED THAT Council note the accident statistics at the intersection of Queens Road and Dora Street, Hurstville.

THAT Council Officers write to the RTA requesting a review of the pedestrian phasing at the intersection of Queens Road and Dora Street, Hurstville with a view to install a scrambled crossing at this location.

THAT Council Officers write to the RTA reiterating the future development at 31 Dora Street, Hurstville and the impact that this development will have on pedestrian movements at the intersection (during and post construction).

FURTHER, THAT Mr. Laurie O’Connor be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.05 - 06 BANNERMAN STREET, MORTDALE - REQUEST FOR TEMPORARY ROAD CLOSURE TO FACILITATE CHRISTMAS STREET PARTY
RESOLVED THAT subject to NSW Police Force Approval, Council approve the temporary closure of Bannerman Street, Mortdale Heights on Saturday 16th December 2006 between 2pm and midnight pursuant to s5 Roads (General) Regulation 2000.

THAT the Applicant submit an Application for Road Occupancy to the RTA’s Traffic Management Centre for approval.

THAT the Applicant inform all emergency services at least seven (7) days of the temporary road closure prior to the event.

THAT the Applicant maintain access for emergency services during the event at all times.

THAT the Applicant be advised that Council no longer provides barricades to residents due to public liability concerns.

THAT the Applicant be requested to notify Snr. Sgt. Simpson (Hurstville Police) of the proposed event.

THAT Council waiver the temporary road closure fee of $205 for the event.

FURTHER, that Ms. Young be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.06 - 06 RIVERWOOD SUB-BRANCH – AUSTRALIAN LEGION OF EX-SERVICEMAN & WOMEN REMEMBRANCE DAY SERVICE – LITTLETON STREET, RIVERWOOD SATURDAY 11TH NOVEMBER 2006
RESOLVED THAT subject to NSW Police Force Approval, the request to temporarily reserve three (3) car spaces along Littleton Street, Riverwood outside the Riverwood Legion & Community Club for Remembrance Day Service on Saturday 11th November 2006 be approved.

THAT Mr. John Burke, HCC’s Civil Infrastructure Manager be requested to organise the barricades for the Remembrance Day Service.

THAT Council Officers notify all emergency services, bus companies, St. George Cabs Cooperative Limited of the event at least seven (7) days prior to the event in writing.

THAT the above recommendations be approved under delegated authority by Mr. Laurie O’Connor (Acting Director – Service Delivery).

FURTHER, THAT Mr. Alex Watling, Secretary of Australian Legion of Ex-Serviceman & Women Riverwood Sub-Branch be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.07 - 06 811-813 FOREST ROAD, PEAKHURST - REQUEST TO RELOCATE EXISTING BUS ZONE
RESOLVED THAT subject to approval from Punchbowl Bus Company and residents of 807-809 Forest Road, Peakhurst, that the Bus Zone be relocated to outside the frontage of 807-809 Forest Road, Peakhurst.

FURTHER, THAT Councillor Minns be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.08 - 06 MASHMAN LANE, KINGSGROVE - REQUEST FOR LOADING ZONE
RESOLVED THAT the request to install a Loading Zone along Mashman Lane, Kingsgrove be denied.

FURTHER, THAT Mr. Victor Lampe, Acting General Manager be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.09 - 06 INTERSECTION OF BOUNDARY ROAD & STATION STREET, MORTDALE - REQUEST FOR GIVE WAY SIGNAGE & LINEMARKING
RESOLVED THAT the request to install Give Way linemarking and signage at the intersection of Boundary Road and Station Street, Mortdale be denied.

FURTHER, THAT Mrs. Baker be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.10 - 06 179-181 FOREST ROAD, HURSTVILLE - REQUEST FOR LOADING ZONE
RESOLVED THAT the request to install a Loading Zone outside 179 Forest Road, Hurstville be deferred to the December 2006 Hurstville Traffic Advisory Committee for Council Officers to investigate existing parking restrictions in Treacy Street, Hurstville.

FURTHER, THAT Ms. Zeng and affected businesses be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.11 - 06 PATERSON AVENUE, KINGSGROVE - REQUEST FOR DESIGNATED DISABLED PARKING SPACES
RESOLVED THAT the request to install designated disabled parking spaces in Paterson Avenue, Kingsgrove be denied.

FURTHER THAT Hon. Cherie Burton be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.12 - 06 INTERSECTION OF MULGA ROAD & MYALL STREET, OATLEY - REQUEST FOR PARKING RESTRICTIONS
RESOLVED THAT Council Officers install statutory “No Stopping” restrictions on all arms of the intersection of Myall Street and Mulga Road, Oatley for a distance of ten (10) metres.

FURTHER, THAT Ms. Sheahan and affected residents be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.13 - 06 148 BELMORE ROAD, RIVERWOOD - REQUEST FOR PARKING RESTRICTIONS FOR REAR LANEWAY
RESOLVED THAT Council Officers undertake a survey of all affected residents regarding the proposal to install “No Parking” restrictions on the western side and “No Stopping” restrictions on the eastern side of the rear laneway of 148 Belmore Road, Riverwood.

THAT the results of the survey be tabled at a future Hurstville Traffic Advisory Committee Meeting.

FURTHER, THAT Ms. Kordic and affected residents be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.14 - 06 MACMAHON STREET, HURSTVILLE - REQUEST FOR LOADING ZONE
RESOLVED THAT the request to install a Loading Zone outside the Hurstville Entertainment Centre on MacMahon Street, Hurstville be deferred to the December 2006 Hurstville Traffic Advisory Committee to ascertain whether the existing loading facilities accommodated all rooms in the Entertainment Centre.

FURTHER, THAT Ms. Aleksovski, HCC Entertainment Centre Manager be notified of Council’s Decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.15 - 06 PITT STREET, MORTDALE - REQUEST FOR RESIDENT PARKING SCHEME
RESOLVED THAT the request to install a Resident Parking Scheme in Pitt Street, Mortdale be denied.

FURTHER, THAT Mr. Kevin Greene MP, Member for Georges River be notified of Council’s decision.

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Item No: SD170.16 - 06 YARRAN ROAD, OATLEY - REQUEST FOR "NO STOPPING" RESTRICTIONS
RESOLVED THAT Council Officers install “No Stopping” restrictions on the northern side of Yarran Road, Oatley to include the frontages of 10-14 Yarran Road, Oatley.

THAT Council Officers install double barrier lines on the bend of Yarran Road, Oatley.

FURTHER, THAT Mr. & Mrs. Pollock and affected residents be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.17 - 06 LAWRENCE STREET, PEAKHURST - REQUEST FOR PARKING RESTRICTIONS
RESOLVED THAT Council Officers install “No Stopping” restrictions at the intersection of Lawrence Street and Gover Street, Peakhurst.

THAT Council Officers install “No Stopping” restrictions at the intersection of Lawrence Street and Trafalgar Street, Peakhurst.

THAT Council Officers install “No Stopping” restrictions at the intersection of Gover Street and Trafalgar Street, Peakhurst.

THAT Council Officers install “No Stopping” restrictions at the intersection of Lawrence Street and Jacques Avenue, Peakhurst, encompassing the frontages of 1-3 Lawrence Street.

FURTHER, THAT Ms. Luck and affected residents be notified of Council’s decision.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.18 - 06 NEXT HURSTVILLE TRAFFIC ADVISORY COMMITTEE MEETING
RESOLVED THAT Council note that the next Hurstville Traffic Advisory Committee Meeting will be held on Thursday, 7th December 2006 at 9:00am.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.19 - 06 DA205/06 – 20 AUSTRAL STREET, PENSHURST - PROPOSED CHILD CARE CENTRE
RESOLVED THAT the following traffic & road safety comments for the development application DA205/06 20 Austral Street, Penshurst be noted:

a. Sufficient off-street parking has been provided.
b. Parking space dimensions for staff & parents comply with Council’s requirements.
c. Designated disabled parking space does not comply with Council’s requirements.
d. Aisle width complies with Council requirements
e. Column set-backs comply with Australian Standards.
f. Designated disabled parking spaces appropriately located.
g. On-site drop-off / pick up area adequately provided.
h. Location of access / egress point is adequate.
i. Driveway width does not comply with Council’s requirements.
j. The gradient of the proposed driveway complies with Council Code.
k. Gradients and widths of pedestrian access ramp comply with Council’s requirements.

THAT the potential conflict between pedestrians and vehicles in the basement car park be noted as a concern.

FURTHER, THAT the above comments be forwarded to the Development Assessment Officer for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.20 - 06 DA372/06 – 977 FOREST ROAD, LUGARNO - PROPOSED ALTERATIONS & ADDITIONS TO CHURCH
RESOLVED THAT the following traffic & road safety comments for the development application DA372/06 977 Forest Road, Lugarno be noted:
FURTHER,THAT the above comments be forwarded to the Development Assessment Officer for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.21 - 06 DA483/06 – 24 OGILVY STREET, PEAKHURST - PROPOSED CHILD CARE CENTRE
RESOLVED THAT the following traffic & road safety comments for the development application DA483/06 24 Ogilvy Street, Peakhurst be noted:

THAT the conflict between pedestrians and vehicles in the proposed car park be noted as a major concern with vehicles forced to reverse over a pedestrian crossing and across the entry to the child care centre.

FURTHER, THAT the above comments be forwarded to the Development Assessment Officer for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.22 - 06 DA354/06 – 47 ISAAC STREET, PEAKHURST - PROPOSED CHILD CARE CENTRE
RESOLVED THAT the following traffic & road safety comments for the development application DA354/06 47 Isaac Street, Peakhurst be noted:

a. Insufficient off-street parking has been provided.
b. Parking space dimensions for staff & parents comply with Council’s requirements.
c. Designated disabled parking space does not comply with Council Code.
d. Aisle width complies with Council requirements
e. On-site drop-off / pick up area adequately provided.
f. Driveway width complies with Council requirements.
g. The gradient of the proposed driveway is not clearly illustrated on Plans

FURTHER, THAT the above comments be forwarded to the Development Assessment Officer for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD170.23 - 06 DA464/06 – 22 TOORONGA TERRACE, BEVERLY HILLS - PROPOSED IGA SUPERMARKET
RESOLVED THAT the following traffic & road safety comments for the development application DA464/06 22 Tooronga Terrace, Beverly Hills be noted:


a. Acceptable parking provisions due to existing use rights
b. Application for on-street Loading Zone acceptable with the following restrictions to be installed prior to opening of IGA Supermarket:
a. “No Stopping 8am-9:30am & 2:30pm-4pm School Days” restrictions along the development frontage.
b. “Loading Zone” along development frontage outside these hours.
c. “No Stopping” restrictions along the western side of the laneway opposite the development frontage.

FURTHER, THAT the above comments be forwarded to the Development Assessment Officer for inclusion in their assessment of the application.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD171 - 06 QUESTIONS WITHOUT NOTICE - Q46-06 BY COUNCILLOR J MORRIS RE: VANDALISM AT RIVERWOOD BOARDWALK
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD172 - 06 QUESTIONS WITHOUT NOTICE - Q47-06 BY COUNCILLOR J MORRIS RE: POSSIBLE HOMELESS PERSON IN RIVERWOOD PARK
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD173 - 06 REMOVAL OF STREET TREE - 12 TRAFALGAR STREET, PEAKHURST
RESOLVED THAT the tree not be removed.


(Moved Clr P Sansom/Seconded Clr C Hindi)

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Item No: SD174 - 06 FESTIVAL OF ST GEORGE AT OLDS PARK
RESOLVED:
  1. THAT the Lions Club of Hurstville be permitted to use Olds Park Fields Numbers 1 and 2 only on Sunday, 29 April 2007 from 6am to 7pm to hold their Annual Festival of St George.
  2. THAT the Lions Club of Hurstville forward details of the amusement devices to be erected and evidence that the amusement device is registered under the Occupational Health and Safety Regulation 2001, as well as a copy of the Amusement Operators contract of insurance/and or indemnity which Indemnifies Council of any liability this should be in the amount of not less then $10millon. This information needs to be received prior to the event.
  3. THAT Council waive the standard booking fee of $300.00 to support the community event, and impose a refundable cleaning deposit of $1000.00 to ensure the park is left clean and tidy.
  4. THAT the Lions Club of Hurstville supply Council with a copy of their contract of insurance/and or indemnity which Indemnifies Council of any liability, this should be in the amount of not less then $10millon.
  5. THAT the Lions Club of Hurstville take full responsibility for the displaying and removal of the advertising banners. The banners will need to be erected on Monday, 16 April 2007 and removed on Monday, 30 April 2007.
  6. THAT Council provide the Lions Club of Hurstville with all requested materials.
  7. FURTHER THAT the provision of the requested materials and services be on the condition that Council receives appropriate recognition on all promotional material and advertising associated with the event and that the Lions Club is notified of this requirement.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD175 - 06 CENTRE RUN BASKETBALL COMPETITION - HURSTVILLE AQUATIC LEISURE CENTRE
RESOLVED THAT consideration of the matter be deferred pending consultation between the parties involved with the previous and proposed Basketball Competitions.


(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor C Minns left the Chamber at 8.31 p.m., returning to the Chamber at 8.34 p.m., being present for voting on this matter.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Item No: SD176 - 06 40KM/H SCHOOL SPEED ZONE ALERT SYSTEMS
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD177 - 06 GREEN HANDS PROJECT - PLANTING WEEKEND IN BARRABA
RESOLVED THAT the information be received and noted.

THAT Mr Brian Sheedy of Tamworth Regional Council be thanked for organising a successful planting weekend.

THAT a copy of this report be forwarded to Tamworth Regional Council for information.

THAT letter of thanks be sent to members of the Hurstville Green Hands in appreciation of their time and contributions to the project.

FURTHER, THAT the final project report for the Environmental Trust be prepared and finalised by 31 December 2006.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD178 - 06 MINUTES OF COMMUNITY SAFETY COMMITTEE MEETING HELD ON 10 OCTOBER 2006
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD179 - 06 CLOSURE DATES FOR PENSHURST LONG DAY CARE CENTRE AND HURSTVILLE PRESCHOOL AND OCCASIONAL CHILD CARE CENTRE
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD180 - 06 LICENSING OF THE HURSTVILLE PRESCHOOL AND OCCASIONAL CHILD CARE CENTRE AND PENSHURST LONG DAY CARE CENTRE
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD181 - 06 DEVELOPMENT AND DISTRIBUTION OF INFORMATION ON STARTING SCHOOL RESOURCE KITS
RESOLVED THAT the information be received and noted.

FURTHER, THAT the Officers involved be congratulated on their efforts.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD182 - 06 NOTIFICATION OF FUNDING RECEIVED FOR ST GEORGE ADVOCATES FOR CHILDREN INC. - PROJECTS
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD183 - 06 APPLICATION FOR FUNDING UNDER THE NSW PRESCHOOL INVESTMENT AND REFORM PLAN
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD184 - 06 INFORMATION ON FAMILIES FIRST AND RELATED PROJECTS ROLLED OUT IN THE ST GEORGE AREA
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD185 - 06 INTERNATIONAL DAY FOR PEOPLE WITH A DISABILITY
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD186 - 06 HURSTVILLE YOUTH COUNCIL UPDATE
RESOLVED THAT the report be received and noted.

FURTHER, THAT the Community Worker - Youth Services be congratulated for his efforts and Council wishes them well on the day.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD187 - 06 MINUTES OF ETHNIC ADVISORY COMMITTEE MEETING HELD ON 3 OCTOBER 2006
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD188 - 06 OUTCOMES OF ABORIGINAL ADVISORY COMMITTEE MEETING HELD 9 OCTOBER 2006
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD189 - 06 "SPYDUS" LIBRARY MANAGEMENT SOFTWARE IMPLEMENTATION
RESOLVED THAT the report be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD190 - 06 REQUEST FOR FREE USE OF THE ST GEORGE REGIONAL MUSEUM WORKSHOP AREA BY THE UNIVERSITY OF THE THIRD AGE
RESOLVED THAT the application be approved subject to the seven (7) conditions recommended in the report.

It was noted that Councillor S McMahon left the Chamber at 8.31 p.m., returning to the Chamber at 8.33 p.m. after voting on this matter had taken place.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

(Moved Clr C Minns/Seconded Clr C Hindi)

Item No: SD191 - 06 MATTERS SUBMITTED FOR THE INFORMATION OF MEMBERS
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD192 - 06 ESTABLISHMENT OF A RESIDENTIAL ELECTRONIC AND ELECTRIC WASTE COLLECTION WITH KOGARAH COUNCIL
RESOLVED THAT Council endorse the proposed application.

FURTHER, THAT subject to the approval of the Grant an amount of $10,000, funded from the Domestic Waste Reserve, be allocated to the Project in accordance with SSROC guidelines.

(Moved Clr C Hindi/Seconded Clr P Sansom)

Item No: SD193 - 06 WASTE PERFORMANCE IMPROVEMENT PAYMENTS
RESOLVED THAT the information be received and noted.


(Moved Clr C Hindi/Seconded Clr P Sansom)



POLICY, PLANNING, ENVIRONMENT AND MASTER PLAN IMPLEMENTATION

Item No: PPE032 - 06 MATTERS SUBMITTED FOR THE INFORMATION OF MEMBERS - LEGAL MATTERS INVOLVING COURT ACTION AND LIMITED CONSENTS
RESOLVED THAT the information be received and noted.


(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: PPE033A - 06 HURSTVILLE SNAPSHOT: STATE OF THE ENVIRONMENT UPDATE 2005-2006
RESOLVED THAT the report be received and noted.


(Moved Clr P Sansom/Seconded Clr C Hindi)

Item No: PPE034A - 06 DRAFT POLICY ON PLANNING AGREEMENTS
RESOLVED THAT Council adopt the proposed Draft Hurstville City Council Policy on Planning Agreements as outlined in this report.

FURTHER, THAT Council give public notice of this decision in the local paper.

(Moved Clr P Sansom/Seconded Clr C Hindi)

It was noted that Item Nos. PPE035A - 06 - Proposed Amendments to Development Control Plan No. 4 City Centre DCP for 105 Forest Road, Hurstville and PPE037A - 06 - Addendum to Report PPE035A - 06, were dealt with concurrently.

Item No: PPE035A - 06 PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 CITY CENTRE DCP FOR 105 FOREST ROAD, HURSTVILLE
RESOLVED THAT Council, in principle, endorse the proposed amendments to the planning controls for 105 Forest Road, Hurstville, Block 27, Site 27A in Development Control Plan No. 4 – Hurstville City Centre as outlined in this report.

THAT, should Council support the amendments to DCP 4, that the amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

THAT during the public exhibition of the amendments to DCP 4 the following information and work be undertaken:
THAT Council reaffirms its commitment to the Hurstville to Strathfield rail corridor and requests SSROC and WSROC to lobby the Minister for Planning to seek support for the identification and protection of an underground corridor.

THAT the proposed slender tower component on the corner have a maximum height of ten stories.

FURTHER, THAT Council include an additional paragraph in the Design Principles for 105 Forest Road as follows:

"These controls are provided on the basis that some form of material public benefit will be provided in accordance with the City Centre Master Plan."

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor D Gillespie left the Chamber at 8.00 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06, returning to the Chamber at 8.06 and was present for voting on these items.

It was noted that Councillor W Pickering left the Chamber at 8.12 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06 and was not present for voting on these items. It was further noted that Councillor W Pickering returned to the Chamber at 8.35 p.m. after voting on Item No. SD175 - 06 had taken place.

Item No: PPE036A - 06 13-17 WOODVILLE STREET, HURSTVILLE (ILLAWARRA CATHOLIC CLUB) - PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 HURSTVILLE CITY CENTRE
RESOLVED THAT Council endorse proposed amendments to the planning controls for 13-17 Woodville Street, Hurstville (the Illawarra Catholic Club site) Block 15, Site 15B in DCP No. 4 Hurstville City Centre.

THAT the proposed amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

THAT with regard to the setbacks the Woodville Street frontage be 6m, the NRMA side be 5m, the rear side 7.4m, the Victory House Car Parking side 3m and the Victory House Building side 5m.

THAT with regard to building height a maximum of sixteen storeys be established, which is consistent with the MasterPlan and would be subject to Airport Authorities approval and also the design be a quality design with a floor plate of 1200 square metres, which has an FSR of 8.4:1.

FURTHER, THAT following public exhibition that a report be presented back to Council.

(Moved Clr P Sansom/Seconded Clr C Wong)

It was noted that this was a unanimous decision.

It was noted that Councillor W Pickering was not present at the time of voting on this matter.

Item No: PPE037A - 06 ADDENDUM TO REPORT PPE035A-06 - PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO. 4 CITY CENTRE DCP FOR 105 FOREST ROAD, HURSTVILLE
RESOLVED THAT Council, in principle, endorse the proposed amendments to the planning controls for 105 Forest Road, Hurstville, Block 27, Site 27A in Development Control Plan No. 4 – Hurstville City Centre as outlined in this report.

THAT, should Council support the amendments to DCP 4, that the amendments to Development Control Plan No. 4 be publicly exhibited in accordance with relevant clauses of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

THAT during the public exhibition of the amendments to DCP 4 the following information and work be undertaken:
THAT Council reaffirms its commitment to the Hurstville to Strathfield rail corridor and requests SSROC and WSROC to lobby the Minister for Planning to seek support for the identification and protection of an underground corridor.

THAT the proposed slender tower component on the corner have a maximum height of ten stories.

FURTHER, THAT Council include an additional paragraph in the Design Principles for 105 Forest Road as follows:

"These controls are provided on the basis that some form of material public benefit will be provided in accordance with the City Centre Master Plan."

(Moved Clr P Sansom/Seconded Clr S McMahon)

It was noted that Councillor W Pickering left the Chamber at 8.12 p.m. during discussion of Item Nos. PPE035A - 06 and PPE037A - 06 and was not present for voting on these items.



QUESTIONS WITHOUT NOTICE

Referred to the General Manager

Q.50-06 By: Councillor C Hindi
Re: Rainwater Tank

Councillor Hindi said he has had several residents express concern about the lack of water for their gardens. Councillor Hindi suggested that perhaps Council could assist ratepayers to install rainwater tanks to their properties by negotiating with a rainwater tank supplier to get a better price, arrange installation of tanks, with the Sydney Water rebate going directly back to Council with the balance to be paid by the ratepayer over a 12 month period. The rainwater can also be connected to the property's laundry and toilet/s. Councillor Hindi asked for a report to come back to Council with a proposal to assist residents.

Referred to the Director Service Delivery

Q.51-06 By: Councillor W Pickering
Re: Fire Safety

Councillor Pickering brought it to Council's attention that at present Council does not have a Fire Safety Brochure. Since the Act changed in 2000, people are not aware of the current rules and regulations.

Councillor Pickering asked if a brochure or leaflet outlining the rules and regulations on Backyard Burning could be produced. The Mayor suggested that he will include the matter in the next edition of Council Comment.

Referred to the Director Service Delivery

Q.52-06 By: Councillor W Pickering
Re: Male Toilet at Evatt Park

Councillor Pickering advised Council that he has had a couple of calls about the condition of the male toilets, in particular in the sporting block at Evatt Park, which has not been cleaned out for quite a while and asked whose responsibility it is to clean out toilets? The Acting Director - Service Delivery, Mr L O'Connor, replied that in general it is Council's responsibility, however, in this case it might be the responsibility of a sporting group. Mr O'Connor will report back to the next meeting on this matter.

Referred to the Director Service Delivery

Q.53-06 By: Councillor S McMahon
Re: Evatt Park Cricket Nets

Councillor McMahon advised Council that the cricket nets at Evatt Park have been damaged and asked for them to be repaired.

Referred to the Director Service Delivery

Q.54-06 By: Councillor C Minns
Re: Community Safety Committee

Councillor Minns commended David Linden and all the staff associated with the Community Safety Committee of Council. He was in Mortdale at approximately 4 p.m. a couple of days ago and saw a big group congregated about the Fire Station as they did their Community Safety Audit up and down Mortdale and they were still carrying out their audit at approximately 9 - 9.30 p.m.that night. This showed incredible commitment from Council staff in an attempt to address the security and safety issues of Mortdale and that kind of diligence and commitment to task really needs to be commended. As part of this audit, it was shown that the zebra crossings needed to be repainted, which was done within 24 hours.

Councillor Minns also commended Councillor Pickering's initiative today in relation to the Fire Safety Awareness Program. The last Minutes of the Community Safety Committee showed that the NSW Fire Brigade at Mortdale and the local Inspector who is based at Kogarah, are working on a similar document that could form the basis of Councillor Pickering's initiative.

Referred to His Worship the Mayor

Q.55-06 By: Councillor B Giegerl
Re: Question in Committee of the Whole

Councillor Giegerl stated that she wanted to ask a question in Committee of the Whole.

NOTICES OF MOTION

Nil.

MATTERS REFERRED TO COMMITTEE OF THE WHOLE


Minute No. 471

RESOLVED THAT Council now resolve itself into a Committee of the Whole and in accordance with Section 10A of the Local Government Act, 1993, Council Staff (other than members of the Executive, the Events & Protocol Officer, the Entertainment Centre Manager, the Commercial Property Manager, the MasterPlan Project Manager and the Minute Secretary) and members of the Press and the public be excluded from the Council Chamber during consideration of the following items referred to Committee of the Whole.

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.

(Moved Clr C Hindi/Seconded Clr D Gillespie)

As required under the provisions of Council's 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.

Councillor B Giegerl brought Council's attention to the identification of properties in both Council and corresponding Committee of the Whole items with regard to Property Matters and asked if this is legally required? It was decided that in future no Property Matters are to be identified in Council and corresponding Committee of the Whole headings and motions.

Councillor C Lee declared an interest, as he acts for the Rogers family with reference to the section on the Young Sportsperson of the year included in COW067-06 - 2007 Australia Day Citizen of the Year, Young Citizen of the Year and Young Sportsperson of the Year. As the Young Sportsperson of the Year Award was deferred, Councillor Lee did not leave the Chamber.

Minute No. 472
Item No: COW067 - 06 2007 AUSTRALIA DAY CITIZEN OF THE YEAR, YOUNG CITIZEN OF THE YEAR AND YOUNG SPORTSPERSON OF THE YEAR
RESOLVED THAT the awards as recommended and subsequently outlined in the report be adopted.

FURTHER, THAT the decision regarding Young Sportsperson of the Year be deferred until the next Council Meeting on the 13th December, 2006.

(Moved Clr P Sansom/Seconded Clr S McMahon)

Minute No. 473
Item No: COW068 - 06 SOLE CATERING RIGHTS - HURSTVILLE ENTERTAINMENT CENTRE
RESOLVED THAT Council accept the tender from Venues of Australia for a period of three (3) years on the basis and terms outlined in the report.

THAT authority be granted for the Acting General Manager to sign the draft contract subject to the Council Solicitor's satisfaction.

THAT Laissez-faire be thanked for their interest and involvement in the selective tendering process.

THAT Council's existing hirers be notified of the appointment of Venues of Australia as the Sole Caterer for the Entertainment Centre and Senior Citizens' Centre.

THAT the Management Committee of the Hurstville Senior Citizens' Centre be advised of Council's decision.

FURTHER, THAT Council grant owner's consent to Venues of Australia to lodge a Development Application for the works outlined in their tender.

(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 474
Item No: COW069 - 06 PROPERTY MATTER – HURSTVILLE GOLF COURSE STRATEGIC PLAN
RESOLVED THAT Council approve the inclusion of a feasibility study for the development of a Sports and Community Club on the Hurstville Golf Course as part of the preparation of the Hurstville Golf Course Strategic Plan.

(Moved Clr W Pickering/Seconded Clr P Sansom)

Minute No. 475
Item No: COW070 - 06 PROPERTY MATTER - STATUS REPORT FOR COUNCIL DEVELOPMENT PROPERTIES
RESOLVED THAT the report be received and noted.

FURTHER, THAT Council formally approve the purchase of the property and for the amount outlined in the report, subject to conditions relating to the granting of the easement for access to the railway concourse.

(Moved Clr P Sansom/Seconded Clr D Gillespie)

Minute No. 476
Item No: COW071 - 06 PROPERTY MATTER – SALE OF SURPLUS PROPERTY – 2 BARRATT STREET, HURSTVILLE
RESOLVED THAT Council approve the outright sale by two-stage tender of the property at 2 Barratt Street, Hurstville in return for a cash settlement and security in relation to the satisfaction of conditions in the final development project approval regarding the provision of public facilities.

THAT Council send a Letter of Intent to the two adjoining property owners outlining the proposed terms of a Heads of Agreement, the structure and terms of the two- stage tender process and proposed apportionment of costs and realisations.

THAT Council enter into a Heads of Agreement, as prepared by Council’s legal advisors, with the two adjoining property owners.

THAT Council enter into a two-stage tender process for the sale of the consolidated site.

FURTHER, THAT authority is given for any documentation in association with this matter to be executed under the Common Seal of Council.

(Moved Clr S McMahon/Seconded Clr P Sansom)

Minute No. 477
Item No: COW072 - 06 LEGAL MATTER - QUESTION WITHOUT NOTICE 53-05 - 41 DONALD STREET, HURSTVILLE
RESOLVED THAT the report be received and noted.

FURTHER, THAT Council's Manager Environmental Health & Building instruct Council’s Solicitors to commence Class 4 proceedings within the Land & Environment Court for the demolition of the unlawful outbuilding.

(Moved Clr S McMahon/Seconded Clr P Sansom)

Minute No. 478
Item No: COW073 - 06 HURSTVILLE FAMILY DAY CARE BUDGET IMPLICATIONS OF REDUCTION IN FEDERAL OPERATIONAL FUNDING
RESOLVED THAT a FDC carer levy of $0.10c per hour per child be introduced from the week commencing 29 January 2007.

THAT Council advertise the proposed carer levy in accordance with section 612 of the Local Government Act and submit a further report with any submissions received following the advertising period.

THAT Council notify all registered carers and FDC parents of the proposed carer levy and advise all interested parties of the opportunity to make a submission.

THAT 50% only of the annual carer levy in the current fees and charges be charged to carers registered and operating for the six month period from 1 July to 31 December 2006.

THAT all FDC carers and parents be invited to an information session and consultation on the matter of fee deregulation, with feedback to be submitted to Council for consideration and a final decision.

FURTHER, THAT the cost saving measures as outlined in the report be adopted by Council.


(Moved Clr S McMahon/Seconded Clr P Sansom)

Minute No. 479
Item No: COW074 - 06 PROPERTY MATTER – COMPULSORY ACQUISITION


RESOLVED THAT Council pursuant to its powers under Sections 186 (1) and 187 of the Local Government Act 1993 acquire the land outlined in the report.THAT Council make application to the Minister for approval to give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the premises outlined in the report. FURTHER, THAT Council make application to the Minister for approval to proceed with an external loan, and that once approval received that an external loan be established.

(Moved Clr S McMahon/Seconded Clr P Sansom)

Minute No. 480
Item No: COW075A - 06 PROPERTY MATTER –ACQUISITION OF PROPERTIES AT 243A AND 245-247 FOREST ROAD
RESOLVED THAT the recommendation outlined in the report be adopted.

(Moved Clr P Sansom/Seconded Clr W Pickering)



Minute No. 481

RESOLVED THAT the Committee of the Whole revert to Open Council.

(Moved Clr C Hindi/Seconded Clr W Pickering)


OPEN COUNCIL

Minute No. 482

RESOLVED THAT the Report of the Committee of the Whole as detailed be received and that the recommendations be adopted.

(Moved Clr C Hindi/Seconded Clr P Sansom)



THE MEETING CLOSED AT 9.58 P.M.

CONFIRMED THIS THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND SIX







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CHAIRPERSON