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EXTRAORDINARY COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 13 October 2010


The Meeting commenced at 7:30 p.m.

PRESENT

Council Members

His Worship the Mayor Councillor P Sansom (Chairperson)
Councillor C Hindi
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor S McMahon
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong


Council Staff

General Manager, Mr. V Lampe
Director Administration, Mr J Tripp
Director Service Delivery, Mr L O'Connor
Director Planning & Development, Mr B Daintry
Manager Governance, Mr B Cooke
Commercial Property Manager, Mr G McDonald
Manager Public Relations & Events, Ms T Abraham
Governance Officer, Mr H Cavill

Other Attendees

Mr C McEwen, SC
Mr B Olliver, Partner HWL Ebsworth


APOLOGIES

Apologies for the inability to be present were tendered on behalf of Councillor V Badalati, Councillor B Giegerl, OAM, Councillor D Perry.

Minute No. 135
RECOMMENDED THAT apologies be accepted.
(Moved Clr S McMahon / Seconded Clr C Hindi)
DISCLOSURES OF INTEREST

The following Councillor(s) declared an interest in a matter before Council:


MATTER OF URGENCY

On the request of Councillor W Pickering, His Worship the Mayor granted permission for the following item, from the Policy, Planning, Environment and Master Plan Committee which was considered at the Committee Meeting immediately prior to this Extraordinary Council Meeting, to be considered as a matter of urgency:

Minute No. 136
RESOLVED THAT the following Policy, Planning, Environment and Master Plan Committee recommendation be adopted.
(Moved Councillor W Pickering / Seconded Councillor C Hindi)

PPE028-10 MATTERS SUBMITTED FOR THE INFORMATION OF COUNCILLORS - LEGAL MATTERS INVOLVING COURT ACTION AND LIMITED CONSENTS - PLANNING AND DEVELOPMENT DIRECTORATE (09/1077)
THAT the information be received and noted.

THAT the precis for the legal matter at 75 Clarke Street, Peakhurst be updated to reference the details of the correspondence.

FURTHER THAT the General Manager be delegated authority, in consultation with the Mayor and Deputy Mayor, and subject to prospects of success advice, to appeal the Commissioner's determination of Appeal No. 10557 of 2010, 165 Carrington Avenue, Hurstville.


ITEMS

Minute No. 137
ECM023-10 MEDICA CENTRE - PURCHASE CONTRACTS (10/921)

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 (closed Council Meeting) at which the press and public be excluded. Specifically, the matters to be dealt with pursuant to Clause 10A relate to commercial negotiations 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 Councillor S McMahon / Seconded Councillor C Hindi)


COMMITTEE OF THE WHOLE (CLOSED COUNCIL)

As required by Council's Code of Meeting Practice, before putting the motion below 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 put the motion.

Minute No. 138
RESOLVED THAT Council now resolves itself into a Committee of the Whole (Closed Council) and in accordance with Section 10A of the Local Government Act 1993, Council Staff (other than members of the Executive, the Minute Secretary and others at the invitation of the Chairperson) and members of the press and the public be excluded from the Council Chamber during consideration of the 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 Councillor S McMahon / Seconded Councillor C Hindi)

The doors of the Council Chamber were closed following departure of the public and required Council staff.

Procedural Motions

Minute No. 139
RESOLVED THAT Item COW048-10 be considered in committee.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)
Item COW048-10 was discussed.

Minute No. 140
RESOLVED THAT Council moves out of committee.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

Minute No. 141
COW048-10 MEDICA CENTRE - PURCHASE CONTRACTSTHAT Council proceeds with the Medica Centre - Purchase Contract (Retail).

THAT Council proceeds with Purchase Contract (Car Parking) for aquisition of stratum Lot 1.

THAT Council implements three hours limited free parking for Council's 150 car parking spaces, Council commences court action seeking an injunction against the Secure Parking contract and Council also seeks an injunction on any building works that restrict public access to the Council-owned 150 spaces during the hours defined by DA condition 140 as amended (ie 6.00 am to 10.00 pm, seven days a week).

THAT Council invites the offer in accordance with Condition 148 of the Development Consent for the Medica Centre, for Council to manage 110 car spaces as public parking spaces and accepts this offer.

FURTHER THAT Council authorises the Mayor and General Manager to execute all relevant documents for this matter and to attach the Common Seal of Council, if required.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)


Minute No. 142
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor A Istephan / Seconded Councillor S McMahon)


OPEN COUNCIL

The doors of the Council Chamber were opened to allow the public to re-enter.
Minute No. 143
RESOLVED THAT the Report of the Committee of the Whole relating to Item COW048-10, as orally reported to the meeting, be received and that the recommendations be adopted.
(Moved Councillor C Hindi / Seconded Councillor A Istephan)

The meeting finished at 8.45 pm.



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Chairperson