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EXTRAORDINARY COUNCIL MEETING

NOTICE OF MEETING
Monday, 18 October 2010


14 October 2010


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Extraordinary Council Meeting of the Council will be held at the Civic Centre, Hurstville on Monday 18 October 2010 at 7.00 pm for consideration of the business mentioned hereunder.

Victor G D Lampe
General Manager


BUSINESS

1. Apologies
2. Disclosures of Interest
3. Consideration of Reports (Notice of Motion Rescission / Medica Centre Reports).


COUNCILLORS

His Worship the Mayor Councillor P Sansom (Chairperson)
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor C Hindi
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor S McMahon
Councillor D Perry
Councillor W Pickering
Councillor A Wagstaff
Councillor C Wong


The Quorum for the meeting is 7

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EXTRAORDINARY COUNCIL MEETING

SUMMARY OF ITEMS
Monday, 18th October 2010

ITEMS


MEETING NOTICE: EXTRAORDINARY COUNCIL MEETING - 18/10/2010 ( )
(Report by )


ECM024-10 MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
(Report by Commercial Property Manager, Mr G McDonald)


NOM003-10 NOM RESCISSION - MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
(Report by Clrs P Sansom, J Jacovou, and C Wong)

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Confidential
EXTRAORDINARY COUNCIL MEETING
Monday, 18th October 2010

ECM024-10MEDICA CENTRE - PURCHASE CONTRACTS
Report Author(s)Commercial Property Manager, Mr G McDonald
File10/921
Reason for ReportCOW048-10 reproduced for consideration following Notice of Motion Rescission
Existing Policy?NoNew Policy Required?No
Financial ImplicationsContractual obligations
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION


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.



RESOLUTION - ECM


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 C Hindi / Seconded Councillor W Pickering)





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EXTRAORDINARY COUNCIL MEETING
Monday, 18th October 2010




NOM003-10

NOM RESCISSION - MEDICA CENTRE - PURCHASE CONTRACTS

Report Author(s)

Clrs P Sansom, J Jacovou, and C Wong

File

10/921



EXECUTIVE SUMMARY

Councillors P Sansom, J Jacovou and C Wong have submitted a Notice of Motion Rescission in respect to item COW048-10 Medica Centre - Purchase Contracts.


AUTHOR RECOMMENDATION

THAT the following resolution of the Extraordinary Council Meeting of the 13 October 2010 in relation to item COW048-10 Medica Centre - Purchase Contracts be rescinded:

FURTHER THAT if the rescission motion is successful that it be superseded by the following:


REPORT DETAILS

As this Notice of Motion - Rescission deals with a matter considered in Committee of the Whole at the Extraordinary Council Meeting on 13 October 2010, (COW048-10 ) the report previously considered has been submitted to this meeting for ease of reference if required.

Council should move into Committee of the Whole for discussion purposes and resume in Open Council to determine the rescission motion.


RESOLUTION - ECM

THAT the following resolution of the Extraordinary Council Meeting of the 13 October 2010 in relation to item COW048-10 Medica Centre - Purchase Contracts be rescinded:
(Moved Councillor J Jacovou / Seconded Councillor C Wong)

THAT Council proceeds with the Medica Centre - Purchase Contract (Retail).

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

THAT Council if necessary 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 writes to the principal certifying authority, and draws to the their attention any relevant conditions that must be satisfied prior to the issue of any occupation certificate.

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 J Jacovou)





APPENDIX