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EXTRAORDINARY COUNCIL MEETING

MINUTES OF MEETING

Monday, 18 October 2010

The Meeting commenced at 7:05 p.m.

PRESENT

Council Members

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 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


APOLOGIES

Apologies for the inability to be present were tendered on behalf of Councillor S McMahon, Councillor D Perry.

Minute No. 144
RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Councillor C Hindi / Seconded Councillor B Giegerl, OAM)
It was noted that Councillor A Wagstaff requested that her name be recorded as having voted against the motion.


DISCLOSURES OF INTEREST

The following Councillors declared an interest in a matter before Council:


ITEMS

Minute No. 145
ECM024-10 MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
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 (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)
Minute No. 146
NOM RESCISSION - MEDICA CENTRE - PURCHASE CONTRACTS (10/921)

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 (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)

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. 147
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 Governance 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 C Hindi / Seconded Councillor W Pickering)

The doors of the Council Chamber were closed following departure of the public and Council staff not required.


Minute No. 148
COW049-10 MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
RESOLVED THAT the report be received and noted.
(Moved Councillor W Pickering / Seconded Councillor C Hindi)

Minute No. 149
NOM003-10 NOM RESCISSION - MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
RESOLVED 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)
It was noted that this decision was unanimous.

Minute No. 150
Supplementary Motion

RESOLVED 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)

Upon the motion on being put was declared carried on the voices and a show of hands. A division was then requested.

For: His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, Councillor C Hindi, Councillor J Jacovou, Councillor C Wong, Councillor N Liu, Councillor A Istephan, Councillor V Badalati, Councillor W Pickering
Against:Councillor A Wagstaff (Abstained)

Upon the division being recorded the motion the motion was declared carried.

Minute No. 151
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor J Jacovou / Seconded Councillor V Badalati)

OPEN COUNCIL

The doors of the Council Chamber were opened to allow the public to re-enter.


Minute No. 152
RESOLVED THAT the Report of the Committee of the Whole, as orally reported to the meeting, be received and that the recommendations be adopted.
(Moved Councillor B Giegerl, OAM / Seconded Councillor V Badalati)
It was noted that Councillor Wagstaff left the Chamber at 8:06 pm, and did not participate in the voting on this matter.

Upon the motion being carried on voices and a show of hands, a division was requested.

For: His Worship the Mayor, Councillor P Sansom, Councillor B Giegerl, Councillor C Hindi, Councillor J Jacovou, Councillor C Wong, Councillor N Liu, Councillor V Badalati, Councillor W Pickering
Against:Councillor A Istephan


The meeting finished at 8:08 pm.



____________________________________
Chairperson