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COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 20 October 2010


14 October 2010


His Worship The Mayor and Councillors

I have by direction to inform you that an Ordinary Meeting of the Council will be held at the Civic Centre, Hurstville on Wednesday, 20 October 2010 at 7.00 pm for consideration of the business mentioned hereunder.


Victor G D Lampe
General Manager



BUSINESS

1. The National Anthem
2. Opening Prayer
3. Acknowledgement of Traditional Custodians
4. Apologies
5. Mayoral Minute
6. Matters of Privilege
- Condolences
- Other
7. Disclosures of Interest
8. Minutes of Previous Meetings
9. Council Reports
10. Notices of Motion
11. Questions With Notice
12. Committee of the Whole (Closed Council Meeting)
13. Consideration of Committee of the Whole Recommendations

The Quorum for the meeting is 7

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COUNCIL MEETING

SUMMARY OF ITEMS
Wednesday, 20th October 2010

ITEMS


CCL214-10 MINUTES: COUNCIL MEETING - 22/09/2010 (09/1229)CCL215-10 MINUTES: EXTRAORDINARY COUNCIL MEETING - 13/10/10 (09/1229)CCL216-10 MINUTES: EXTRAORDINARY COUNCIL MEETING - 29/09/10 (09/1229)CCL217-10 MINUTES: FINANCE PROPERTY & PROJECTS COMMITTEE - 13/10/2010 (09/1213)CCL218-10 MINUTES: POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE - 13/10/2010 (09/1216)CCL219-10 MINUTES: SERVICE DELIVERY CHILD CARE POLICY & SENIOR CITIZENS POLICY COMMITTEE - 13/10/2010 (09/1215)CCL220-10 QUESTIONS WITHOUT NOTICE (D10/107608)CCL221-10 DISCLOSURES OF INTEREST (10/81)CCL222-10 CODE OF MEETING PRACTICE - PUBLIC PARTICIPATION AT COUNCIL / COMMITTEE MEETINGS & COUNCILLORS MANAGING NON-PECUNIARY CONFLICTS OF INTERESTS (05/1898)CCL223-10 AUDIT COMMITTEE COMPOSITION AND DRAFT AUDIT COMMITTEE CHARTER (09/2339)CCL224-10 AUDITED ANNUAL FINANCIAL REPORTS FOR THE PERIOD ENDED 30 JUNE 2010 (10/1135)CCL225-10 CERTIFICATE OF CASH & INVESTMENTS AS AT 30 SEPTEMBER 2010 (10/60)CCL226-10 HURSTVILLE COMMUNITY CAROLS BY CANDLELIGHT (10/83)CCL227-10 COMMUNITY GRANTS PROGRAM 2010-11 (10/1299)CCL228-10 MEMORANDUM OF UNDERSTANDING (MOU) FOR COUNCIL ROAD CLOSING APPLICATIONS (04/2643)CCL229-10 PROPERTY MATTER - FINALISATION OF COMPULSORY ACQUISITION COMPENSATION FOR 320 FOREST ROAD, HURSTVILLE (C08/16)CCL230A-10 MINUTES: EXTRAORDINARY COUNCIL MEETING - 18/09/2010 (09/1229)NOM020-10 LONGWALL MINING UNDER THE DHARAWAL STATE CONSERVATION AREA (D04/23708)QWN005-10 COST TO COUNCIL OF TRAINING COURSES ATTENDED BY COUNCILLORS FROM 22/9/08 TO 30/8/10 (10/950)QWN006-10 QWN003-10 - QUOTATIONS FOR DEMOLITION OF MORTDALE MASONIC HALL (10/658)
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COUNCIL MEETING
Wednesday, 20th October 2010


CCL214-10

MINUTES: COUNCIL MEETING - 22/09/2010

Report Author/s

General Manager, Mr V Lampe

File

09/1229



EXECUTIVE SUMMARY




AUTHOR RECOMMENDATION

THAT the Minutes of the Council Meeting held on the 22 September 2010 be adopted.


REPORT DETAILS


PRESENT

Council Members

His Worship the Mayor, Councillor P Sansom (Chair)
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


Council Staff

General Manager, Mr V Lampe
Director Planning & Development, Mr B Daintry
Director Service Delivery, Mr L O'Connor
Acting Director Administration, Mr W Park
Chief Financial Officer, Ms K Foldi
Manager Environmental Services, Mr G Dickens
Manager Engineering Services, Ms M Whitehurst
Manager Library Museum Entertainment, Ms R Schulz
Commercial Property Manager, Mr G McDonald
Acting Manager Governance, Ms K Garske
Governance Officer, Mr H Cavill


OPENING

His Worship the Mayor, Councillor P Sansom opened the meeting at 7:02 pm.

Following the National Anthem, the meeting was led in the Opening Prayer by The Reverend Alan Bevan, St George Anglican Church.

His Worship the Mayor, Councillor P Sansom stated "Council wishes to acknowledge the traditional custodians of the land on which this meeting is being held as the Bidjigal people of the Eora Nation."

His Worship the Mayor, Councillor P Sansom also made a statement about audio and video recordings of the Council Meeting.


APOLOGIES

No apologies were received


MAYORAL MINUTE

Councillors, tonight's Mayoral Minute relates to two items.

The first item is about the establishment of a Special Projects Committee.


It is proposed that the Special Projects Committee will, in the first instance, review any opportunities or proposals involving Council-owned facilities or special projects in the Hurstville local government area before reporting the outcomes to all Councillors at a workshop.

Depending on the outcome of the workshop a report may then be prepared for Council consideration.

Meetings will be held with senior staff and other relevant Council officers as required.

I now seek three nominations, one from each Ward, to join with me on this Committee.

The second item is about the Lugarno Lions Spring Fair held at Gannons Park last Sunday.


The annual event attracted more than 40,000 people from accross Sydney and was the biggest one in the Club's history.

The General Manager has received a letter of thanks from the Festival Chairman, Lion Richard Goodfellow, to express the Club's sincere thanks to Councillors and staff for their ongoing commitment and support of the event.

Mr Goodfellow especially praised Council Officers Rob Casey and John Scanlan for all their hard work on the day as well as the Depot staff who ensured that the park and its facilities were kept clean throughout the day.

I move reception of the minute.


Minute No. 298

RESOLVED THAT the Mayoral Minute be received and noted.

(Moved His Worship the Mayor, Councillor P Sansom / Seconded Councillor C Hindi)


Minute No. 299

RESOLVED THAT His Worship the Mayor, Councillor P Sansom, Councillors C Wong, J Jacovou and C Hindi be elected to the Special Projects Committee.
(Moved Councillor C Hindi / Seconded His Worship the Mayor, Councillor P Sansom)

MATTERS OF PRIVLEGE

Condolences

His Worship the Mayor, Councillor P Sansom advised Council of the following:

The sad passing on Sunday 12 September 2010 of Mr Norman Sandstrom's wife, Laurel Sandstrom. Norman is a Board Member of the Pole Depot Community Centre, Penshurst. Mrs Laurel Sandstrom was 84 years old and dearly treasured by all her family and friends. A floral arrangement expressing the deepest sympathy of the Mayor, Councillors and Staff was sent to Norman and family on Thursday, 16 September 2010.

The sad passing on Tuesday 14 September 2010 of former Liberal Councillor Gary Green at age 44. Mr Green served as a Councillor at Rockdale City Council from 2004 to 2008. Whilst a Councillor, Mr Green chaired the Traffic Committee, assisted the re-establishment of the Brighton-Le-Sands Chamber of Commerce and promoted Rockdale Councils' Destination Rockdale Vision for a pier and marina at Brighton-Le-Sands. He was a devoted husband and father to wife JouJou and son David, four months. A funeral service for Mr Green was held today, Wednesday 22 September 2010 at 10:30am at St Thomas Moore Catholic Church, Brighton-Le-Sands. On behalf of the Councillors, Officers of the Council and myself, I wish to extend to Mr Green's family our deepest sympathy. Mr Green will be sadly missed.

Deputy Mayor Councillor C Hindi spoke to the sad passing of Mr Gary Green and expressed his condolances. Councillor C Hindi spoke to the qualities of the gentleman and stated that he would be remembered for his passion, compassion and enthusiasm for the Rockdale Local Government Area and Council.

Councillor V Badalati also spoke to the sad passing of Mr Gary Green and expressed his condolances. Councillor V Badalati noted that in lieu of flowers, the family has asked for donations to be sent to Beyond Blue. This suggestion was supported by both His Worship the Mayor, Councillor P Sansom and Deputy Mayor, Councillor C Hindi.

Minute No. 300

RESOLVED THAT condolences be conveyed as requested.

A minute's silence was observed in memory of those passed.

Other matters

His Worship the Mayor, Councillor P Sansom also advised Council of the following:

The 60th Wedding anniversary of Mrs Margaret Smithers, OAM and her husband on the 23 September 2010. Margaret very kindly attends Council's Citizenship Ceremonies as a Metropolitan Zone 4 representative of the Red Cross. On behalf of the Councillors, Officers of Council and myself, I wish to extend to Mrs Margaret Smithers and her husband both sincere good wishes and congratulations on this very special occasion.

The birth of a son, Callum to Kylie and Michael Duffy on Thursday, 26 August 2010. Kylie is Council's Early Childhood Teacher at the Penshurst Long Day Child Care Centre. Both mother and baby are doing well. Kylie and Michael also have a daughter Jessica. A floral arrangement was sent on behalf of the Mayor, Councillors and staff to Kylie and Michael on the 1 September 2010 congratulating them on the birth of their baby son.

The birth of a girl, Aliyah Ellie Rogers to Regan Mountier-Rogers and husband Jay Rogers on Tuesday 31 August 2010. Regan is Council's Works Supervisor within the Engineering Services section of the Service Delivery Directorate. A floral arrangement was sent on behalf of the Mayor, Councillors and staff to Regan and Jay on the 1 September 2010 congratulating them on the birth of their baby daughter.

Councillor Wagstaff spoke to the impressive production of Leviathan and how much it was enjoyed by herself and the attendees. Councillor A Wagstaff commended the staff in securing the Sydney Theatre Company and highlighting the cultural diversity of the Local Government Area. His Worship the Mayor, Councillor P Sansom endorsed Councillor Wagstaff's comments and noted how wonderful it was that Cate Blanchett had been able to attend. Deputy Mayor, Councillor C Hindi also endorsed Councillor A Wagstaff's comments.

Councillor V Badalati requested permission to move a motion as a matter of urgency as detailed below. His Worship the Mayor, Councillor P Sansom granted permission.

Minute No. 301
MATTER OF URGENCY - Graffiti along the Kingsgrove to Revesby Rail Corridor

THAT Council writes to K2RQ and Railcorp asking that they apply anti-graffiti material along the rail corridor to diminish graffiti.
(Moved Councillor V Badalati / Seconded Councillor C Hindi)
The motion was carried unanimously


DISCLOSURES OF INTEREST

The following Councillor/s declared interests in matters before the Council:


SPEAKERS

The following persons from the public gallery addressed the Council:

Ms Lesley Devine: CCL186-10 Former Oatley Bowling Club Site

Ms Vicky Bolling: CCL186-10 Former Oatley Bowling Club Site

Minute No. 302
PROCEDURAL MOTION

RESOLVED THAT item CCL186-10 Former Oatley Bowling Club Site, scheduled for consideration later on the agenda, be considered now in consideration of the public gallery, many of whom have attended to hear the debate and decision on this item.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

Minute No. 303
CCL186-10 FORMER OATLEY BOWLING CLUB SITE (07/603)
RESOLVED THAT Council acting as land owner, submits as soon as possible, an application to rezone to Residential and reclassify to Operational Land the former Oatley Bowling Club site for the purpose of making seniors housing permissible with development consent on the site and enabling the Council to lease the site to a lessee for use for the purpose of seniors housing subject to development consent and all other necessary approvals being obtained.

THAT, Council acting as land owner, ensures that any seniors housing development of the site includes a community meeting facility and community garden for general public use.

THAT, funds from the lease be directed towards the upgrading of Jubilee Park, Mortdale including the construction of a Community Centre.

FURTHER THAT prior to submitting an application to rezone and reclassify the site that Council consult with Kogarah Council, engage an access consultant to report on grades and pathway widths, the proposal goes to the Access Committee, and investigate and report on alternative solutions to overcome excessive grades and narrow pathway widths and to ensure that constraints of excessive grades can be feasibly overcome and to prepare a specific plan of management for the Myles Dunphy Reserve.
(Moved Councillor S McMahon / Seconded Councillor C Wong)

The motion on being put was carried on voices and a show of hands. Councillors A Wagstaff and J Jacovou requested a division.

Division


    For:

    His Worship the Mayor, Councillor P Sansom, Councillor V Badalati, Councillor C Wong, Councillor N Liu, Councillor W Pickering, Councillor D Perry, Councillor S McMahon

    Against:

    Councillor A Wagstaff, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou, Councillor B Giegerl
Result


Upon the division being recorded the motion was declared carried.

It was noted that Councillor C Hindi left the chamber at 8:31pm and returned at 8:36pm
It was noted that Councillor C Wong left the chamber at 8:36pm and returned at 8:38pm.


Minute No. 304
Letter to the Division of Local Government

RESOLVED THAT the Mayor, on behalf of Council, will write a letter to the Division of Local Government expressing concern regarding the timing of advice regarding pecuniary interest and voting on the Comprehensive LEP.

(Moved His Worship the Mayor, Councillor P Sansom / Councillor V Badalati)

It was noted that Councillors V Badalati, W Pickering, N Liu, B Giegerl, D Perry and A Wagstaff left the chamber at 8:47pm and returned at 8:50pm having declared an interest in the following item.

CCL187-10 DRAFT HURSTVILLE COMPREHENSIVE LOCAL ENVIRONMENTAL PLAN 2011 - FEEDBACK FROM PUBLIC CONSULTATION OF DISCUSSION PAPERS (09/690)
THAT, due to lack of a quorum, consideration of CCL187-10 Comprehensive Local Environmental Plan 2011 – Feedback from Public Consultation of Discussion Papers be deferred until legal advice is received by Council regarding potential Pecuniary Interest for Councillors under S442 of the Local Government Act.

Councillors present were His Worship the Mayor, Councillor P Sansom and Councillors S McMahon, C Hindi, J Jacovou, C Wong and A Istephan.

It was noted that Councillors V Badalati, W Pickering, N Liu, B Giegerl, D Perry and A Wagstaff left the chamber at 8:51pm and returned at 8:53pm having declared an interest in the following item.

CCL188-10 DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 (AMENDMENT NO. 70) AND DRAFT AMENDMENT TO DEVELOPMENT CONTROL PLAN NO. 2 HURSTVILLE CITY CENTRE - COMMERCIAL ONLY CORE WITHIN HURSTVILLE CITY CENTRE (05/1937)
THAT, due to lack of a quorum, consideration of CCL188-10 Draft Hurstville Local Environmental Plan 1994 (Amendment No.70) And Draft Amendment To Development Control Plan No.2 Hurstville City Centre - Commercial Only Core Within Hurstville City Centre be deferred until legal advice is received by Council regarding potential Pecuniary Interest for Councillors under S442 of the Local Government Act.

Councillors present were His Worship the Mayor, Councillor P Sansom and Councillors S McMahon, C Hindi, J Jacovou, C Wong and A Istephan.

SPEAKERS

The following persons from the public gallery addressed the Council:

Mr Kim Wagstaff: CCL201-10 Invitation to Visit Shijiazhuang City in the People's Republic of China
Mr Wagstaff requested that it be noted that he holds no private interest in the matter

Ms Lynda Stoner: NOM018-10 Eggs from Cage-Free Hens

Mr Richard Blake: NOM018-10 Eggs from Cage-Free Hens


Minute No. 305
PROCEDURAL MOTION

RESOLVED THAT item NOM018-10 Eggs from Cage-free Hens, scheduled for consideration later on the agenda, be considered now.
(Moved Councillor S McMahon / Seconded Councillor D Perry)
It was noted that Councillor C Hindi left the chamber at 9:03pm and returned at the conclusion of the following item.

Minute No. 306
NOM018-10 EGGS FROM CAGE-FREE HENS (10/615)
RESOLVED That Hurstville City Council adopts a policy of not using eggs sourced from caged chickens. This policy will include but not be limited to the following situations:
(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)
It was noted that Councillor A Wagstaff asked when a Question Without Notice was received by Council regarding Eggs from Cage-free Hens, as noted by Councillor S McMahon during discussion. Mr Warren Park advised that the item referenced was SD049-09 QWN08-85 by Councillor S McMahon re Battery Farmed Eggs on 20 May 2009.

SPEAKERS

The following persons from the public gallery addressed the Council:

Mr John Lennis: NOM019-10 Request for Council to Fly Aboriginal Flag

Ms Jo Love: NOM019-10 Request for Council to Fly Aboriginal Flag

Minute No. 307
PROCEDURAL MOTION

RESOLVED THAT item NOM019-10 Request for Council to Fly Aboriginal Flag, scheduled for consideration later on the agenda, be considered now.
(Moved Councillor V Badalati / Seconded Councillor B Giegerl)

Minute No. 308
NOM019-10 REQUEST FOR COUNCIL TO FLY ABORIGINAL FLAG (10/1860)
RESOLVED THAT Council flies the Aboriginal flag on the Civic Centre on a permanent basis.

FURTHER THAT normal protocols for the flying of flags be followed.

(Moved Councillor A Wagstaff / Seconded Councillor B Giegerl, OAM)
The addendum of "FURTHER THAT normal protocols for the flying of flags be followed" proposed by Councillor V Badalati was accepted by Councillor Wagstaff.
Councillor Wagstaff tabled a document "Protocols for the flying of flags" from the Department of Education & Children's Services of South Australia

It was noted that His Worship the Mayor, Councillor P Sansom called a recess at 9:25pm with resumption to be at 9:35pm. Council reconvened at 9:40pm.


MINUTES OF PREVIOUS MEETINGS


Minute No. 309
CCL211A-10 MINUTES: COUNCIL MEETING - 25/08/2010 (09/1229)
RESOLVED THAT the Minutes of the Council Meeting held on the 25 August 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor C Wong)
Minute No. 310
CCL212A-10 MINUTES: EXTRAORDINARY COUNCIL MEETING - 8 SEPTEMBER 2010 (09/1229)
RESOLVED THAT the Minutes of the Extraordinary Meeting held on the 8 September 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor C Wong)

Minute No. 311
CCL183-10 MINUTES: FINANCE PROPERTY & PROJECTS COMMITTEE - 15/09/2010 (09/1213)
RESOLVED THAT the Minutes of the Finance, Property and Projects Committee held on the 15 September 2010 be adopted, with the exception of FIN061-10 Management Plan 2009-2013 4th Quarter Report.
(Moved Councillor S McMahon / Seconded Councillor C Wong)

Minute No. 312
CCL184-10 MINUTES: POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE - 15/09/2010 (09/1216)
RESOLVED THAT the Minutes of the Policy, Planning, Environment & Master Plan Implementation Committee held on the 15 September 2010 be adopted with the exception that Councillor W Pickering was not in attendance at the meeting.
(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)

Minute No. 313
CCL185-10 MINUTES: SERVICE DELIVERY CHILD CARE POLICY & SENIOR CITIZENS POLICY COMMITTEE - 15/09/2010 (09/1215)
RESOLVED THAT the Minutes of the Service Delivery, Child Care Policy & Senior Citizens Policy Committee held on 15 September 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)
COMMITTEE ITEMS FOR CONSIDERATION

The resolutions for all Committee items are included in the Appendix to these Council Minutes.


FIN061-10 MANAGEMENT PLAN 2009-2013 4TH QUARTER REPORT (D10/92999)
RESOLVED THAT the report be received and noted. According to this report, the Council notes that its Unrestricted Current Ratio is 2.97:1 and Council's Building and Infrastructure Renewals Ratio is 0.52:1 as at 30 June 2010.

FURTHER, THAT Council publish the 4th Quarter Report by posting it on Council's website.
(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)
It was noted that Councillor J Jacovou left the Chamber at 9:50pm.

COUNCIL ITEMS

Minute No. 314
CCL189-10 RETURN OF THANKS (10/31)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)


Minute No. 315
CCL190-10 QUESTIONS WITHOUT NOTICE (09/77)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)


Minute No. 316
CCL191-10 REPORT OF THE MAJOR EVENTS COMMITTEE MEETING (09/1426)
RESOLVED THAT the information be received and noted.

FURTHER THAT Council once again hosts an Australia Day Festival on the 26 January 2011 which will include an outdoor Public Citizenship Ceremony as outlined in the report.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

It was noted that Councillor J Jacovou entered the chambers at 10:01pm.

Minute No. 317
CCL192-10 INCREASED PATRONAGE FEE FOR THE ST GEORGE AND SUTHERLAND BUSINESS ENTERPRISE CENTRE (BEC) (10/176)
RESOLVED THAT Council decline to continue membership of the St George and Sutherland Business Enterprise Centre.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou)


Minute No. 318
CCL193-10 FEES & CHARGES FOR LIBRARY & LOCAL STUDIES AND HURSTVILLE MUSEUM (09/2001)
RESOLVED
THAT in accordance with S 404 and 405 of the Local Government Act the proposed schedule of fees and charges for "Library & Local Studies" and "Hurstville Museum" for the 2010/2011 financial year be publicly advertised and after the exhibition period a further report be submitted to Council for approval.
(Moved Councillor S McMahon / Seconded Councillor C Wong)


Minute No. 319
CCL194-10 ANNUAL FINANCIAL ACCOUNTS 2009/10 FOR AUDIT (10/1135)
RESOLVED THAT in accordance with Section 413 (2) (c) of the Local Government Act, Council authorise the Mayor, at least one other member of the Council, the General Manager and the Responsible Accounting Officer to sign the 2009/2010 Statutory Accounts and the subsequent submission of the accounts to the external Auditors for their review.

THAT Council delegate to the General Manager the authority to "finalise the date" at which the auditors report and financial statements are to be presented to the public as per Sect 418 (1).

THAT Council delegate to the General Manager the authority to "authorise the year end accounts for issue immediately upon receipt of the auditors report" subject to there being no material audit changes or audit issues, in accordance with AASB 110.

THAT arrangements be made to place copies of the audited financial reports on public exhibition and the necessary advertisements be published.

THAT a copy of the audited financial reports be forwarded to the Department of Local Government.

THAT the audited financial reports be presented at a meeting of Council to be held on 20 October 2010 in accordance with Section 418 of the Local Government Act, 1993.

FURTHER THAT Council's External Auditor be invited to attend the Council Meeting on 20 October 2010.

(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)


Minute No. 320
CCL195-10 CERTIFICATE OF CASH & INVESTMENTS AS AT 30 JUNE, 31 JULY AND 31 AUGUST 2010 (10/60)
RESOLVED THAT the report be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


Minute No. 321
CCL196-10 YOUTH SPONSORSHIP - RACHEL TAM (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Rachel Tam to attend the National Sports Aerobics Championships.

THAT Rachel Tam be requested to submit a report on the results achieved at the National Sports Aerobics Championships

FURTHER THAT the Youth Sponsorship Policy be referred to a future Councillor Workshop.
(Moved Councillor C Hindi / Seconded Councillor V Badalati)


Minute No. 322
CCL197-10 YOUTH SPONSORSHIP - SARAH AND ALEXANDRA RATCLIFFE (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 per person (total $600) under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Sarah and Alexandra Ratcliffe to attend the National Sports Aerobics Championships.

THAT Sarah and Alexandra Ratcliffe be requested to submit a report on the results achieved at the National Sports Aerobics Championships.

FURTHER THAT the Youth Sponsorship Policy be referred to a future Councillor Workshop.
(Moved Councillor C Hindi / Seconded Councillor V Badalati)


Minute No. 323
CCL198-10 SPONSORSHIP REQUEST - FUNDRAISER FOR PAKISTAN FLOOD RELIEF (10/83)
RESOLVED THAT Council provide a donation of $650.00 to Rockdale City Council in support of the Fundraiser for Pakistan Flood Relief.
(Moved Councillor A Wagstaff / Seconded Councillor A Istephan)

The motion was carried unanimously


Minute No. 324
CCL199-10 FUNDING OFFER FROM DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND WATER (DECCW) TO HURSTVILLE COUNCIL ON BEHALF OF THE GEORGES RIVER COMBINED COUNCILS COMMITTEE TO COMPLETE THE GEORGES RIVER ESTUARY MANAGEMENT STUDY AND PLAN (D10/89307)
RESOLVED THAT Council accept the funding offer of $52,000 from the Department of Environment, Climate Change and Water as described in this report.

THAT Council delegate its authority to the General Manager to formally accept the funds by signing the DECCW Funding Agreement.
(Moved Councillor A Wagstaff / Seconded Councillor V Badalati)

Minute No. 325
CCL200-10 OUTSTANDING ACHIEVEMENTS COMMITTEE - CIVIC RECEPTION (09/1429)
RESOLVED THAT Council approve hosting a Civic Reception for NSW Police Commissioner, Andrew Scipione.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

The General Manager confirmed that costs for the Outstanding Achievements Committee - Civic Reception would be funded from the Civic Office Expenses.
During discussion of CCL200-10 Outstanding Achievements Committee - Civic Reception Councillor B Giegerl forshadowed the following Motion.

Minute No. 326
MATTER ARISING - REPORT ON OUTSTANDING ACHIEVEMENTS COMMITTEE

RESOLVED THAT a report be submitted to Council addressing the brief, costing and selection process for the Outstanding Achievements Committee and the potential development of a formal policy.
(Moved Councillor B Giegerl / Seconded Councillor W Pickering)
It was noted that, prior to the following item, Councillor S McMahon asked for clarification regarding pecuniary interest declarations when spouses or family members had demonstrated an interest in a Council item. The General Manager advised that a report regarding this would be submitted to the Council Meeting of 20 October 2010.

Minute No. 327
CCL201-10 INVITATION TO VISIT SHIJIAZHUANG CITY IN THE PEOPLE'S REPUBLIC OF CHINA (10/78)
RESOLVED THAT the motion be put.
(Moved Councillor S McMahon / Seconded Councillor C Wong)
The motion was carried unanimously

Minute No. 328
CCL201-10 INVITATION TO VISIT SHIJIAZHUANG CITY IN THE PEOPLE'S REPUBLIC OF CHINA (10/78)
RESOLVED THAT the information be received and noted.
(Moved Councillor C Wong / Seconded Councillor C Hindi)
It was noted that Councillor A Wagstaff requested the following statement be included in the Minutes:
"My husband has declared he does not have a private interest in the matter. I have been advised that there is no conflict of interest for me and a definition of a conflict of interest in the Code of Conduct requires there to be a private interest."

It was noted that Councillor S McMahon asked Councillor A Wagstaff to provide the advice received by her to the other Councillors.


Minute No. 329
CCL202-10 HURSTVILLE BUS INTERCHANGE & CBD TRAFFIC MANAGEMENT ANCILLARY WORKS (10/1256)
RESOLVED THAT pursuant to Sections 138 & 139 Roads Act 1993, Council approve all ancillary works (including modifications to awnings, removing of bus shelters, road alignments, kerb & gutter adjustments, utility services adjustments and the like) associated with the construction and operation of the Hurstville Bus Interchange and implementation of the Hurstville CBD Traffic Management Plan.
(Moved Councillor S McMahon / Seconded Councillor C Wong)


Minute No. 330
CCL203-10 RECLAMATION OF THE FOUNDATION STONES FROM THE MORTDALE MASONIC HALL (10/658)
RESOLVED THAT Council contact the St George Regional Masonic Museum Society Inc. to advise of Council's resolution of July 2010 Development Assessment Committee regarding the Memorial and ask that one foundation stone be retained for a Memorial within the proposed carpark.
(Moved Councillor W Pickering / Seconded Councillor C Hindi)


Minute No. 331
CCL204-10 QWN09-75 & QWN09-92 AND 10-05, 10-07 & 10-13 - CLR A WAGSTAFF - WEEKEND WORKSHOPS (09/1305)
RESOLVED THAT the information be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)

Minute No. 332
CCL205-10 QWN10-02 CLR W PICKERING - MAYOR'S CHRISTMAS DINNER (10/1663)
RESOLVED THAT the information be received and noted.
(Moved Councillor W Pickering / Seconded Councillor A Wagstaff)
It was noted that Councillor D Perry left the chambers at 10:58pm and returned at 11:00pm.
It was noted that Councillor B Giegerl left the chambers at 11:00pm.

Minute No. 333
CCL206-10 QWN10-01 - CLR W PICKERING - ACCESS TO COUNCILLORS' OFFICE (08/2263)
RESOLVED THAT the information be received and noted.
(Moved Councillor W Pickering / Seconded Councillor A Wagstaff)

Councillor D Perry asked whether background to the request was provided to the General Manager prior to release of the information. The General Manager advised he would get back to Clr Perry.

Minute No. 334
PROCEDURAL MOTION

RESOLVED THAT a 30 minutes extension of time be granted to continue with the Council agenda.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)
Minute No. 335
CCL210A-10 LOCAL GOVERNMENT ASSOCIATION CONFERENCE 2010 - VOTING DELEGATES (09/131)
RESOLVED THAT the following Councillors be nominated as voting delegates for the Local Government Association of NSW Annual Conference:

His Worship the Mayor, Clr P Sansom, Clr D Perry, Clr S McMahon and Clr J Jacovou

Alternates - Clr C Hindi, Clr A Wagstaff, Clr B Giegerl and Clr W Pickering
(Moved Councillor C Wong / Seconded Councillor C Hindi)

Minute No. 336
CCL207-10 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 information 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)


Minute No. 337
CCL208-10 TENDER - PROVISION OF ANIMAL POUND FACILITY (09/1836)
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 tenders for the provision of Animal Pound facilities and pursuant to Sub Clause (2)(c) are regarded as being information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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)


Minute No. 338
CCL209-10 TENDER FOR THE RECONSTRUCTION OF TURFED SPORTSFIELDS AT OLDS PARK, PENSHURST PARK & GANNONS PARK (10/1612)
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 tender price submissions and pursuant to Sub Clause (2)(c) are regarded as being information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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)

Minute No. 339
CCL213A-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 information and pursuant to Sub Clause (2)(c) are regarded as being information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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)

It was noted that Councillor B Giegerl returned to the chambers at 11:10pm

NOTICES OF MOTION

Minute No. 340
NOM017-10 HURSTVILLE PUBLIC SCHOOL - SUPPORT SCHOOL COMMUNITY'S REQUEST ON STATE GOVERNMENT COMMITMENT IN CONSTRUCTING CLASSROOM FACILITIES, IDEALLY AN 8-10 CLASSROOM BUILDING (09/1229)
RESOLVED THAT Hurstville City Council support the State Government in directly investing in Hurstville Public School by constructing at least 8-10 classroom facilities on the current School's site with the holistic view of the school's needs and in the best interests of the whole school community through community consultation and transparency of the planning process.

THAT years 5 and 6 of Hurstville Public School and Opportunity Classes be retained at the current location.

THAT Council supports the State Government initiative in upgrading the Hurstville Boys' High School for the sole benefit of the High School students.

FURTHER THAT Council write to the Local Member Cherie Burton and request that she commit to lobbying for additional funds for Hurstville Public School to build the additional classrooms irrespective of the outcome of the upcoming election.
(Moved Councillor N Liu / Seconded Councillor C Hindi)

The addendum of "FURTHER THAT Council write to the Local Member Cherie Burton and request that she commit to lobbying for additional funds for Hurstville Public School to build the additional classrooms irrespective of the outcome of the upcoming election." proposed by Councillor C Hindi was accepted by Councillor N Liu.

The amendment of "at least 8-10 classroom facilities" proposed by Councillor C Wong was accepted by Councillor N Liu.


QUESTIONS WITH NOTICE

Minute No. 341
QWN004-10 COST TO COUNCIL OF TRAINING COURSES ATTENDED BY COUNCILLORS FROM 22/9/08 TO 30/8/10 (10/950)
RESOLVED THAT a response be provided to Council.
(Moved Councillor S McMahon / Seconded Councillor A Wagstaff)

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. 342
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 A Istephan)

The doors of the Council Chamber were closed following departure of the public and non-essential Council staff.

Minute No. 343
PROCEDURAL MOTION

RESOLVED THAT a 30 minutes extension of time be granted to continue with the Council agenda.
(Moved Councillor S McMahon/ Seconded Councillor W Pickering)

Minute No. 344
COW044-10 MEDICA CENTRE - PURCHASE CONTRACTS (10/921)
RESOLVED THAT Council approves the option to rescind the Contract for Sale as regards to Proposed Stratum Lot 1 of the Medica Centre development and not proceed with the purchase of proposed Stratum Lot 1.

THAT Council accepts 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 in addition to the 150 parkng spaces proposed in the development application.

THAT Council negotiate to seek a Deed of Agreement that the 110 parking spaces remain as public parking, and that there be a non differential pricing policy for the public car parking spaces.

THAT, failing to negotiate a Deed of Agreement, Council authorises the General Manager to proceed with the Purchase Contract - Car Parking.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)
Minute No. 345
COW047-10 MEDICA CENTRE - PURCHASE CONTRACTS - ADDENDUM (10/921)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

Minute No. 346
COW045-10 TENDER - PROVISION OF ANIMAL POUND FACILITY (09/1836)
RESOLVED THAT in accordance with Clause 178 (b) of the Local Government (General) Regulation 2005, Council decline to accept the single tender submission received for the Provision of Animal Pound Facilities.

THAT in regards to the Provision of Animal Pound Facilities, Council enter into negotiations with The Sydney Dogs & cats Home, or similar businesses that have the capacity to fulfil the services required in the Tender Document.

THAT Council’s decision to enter into negotiation is on the basis that it is confident that all of the Tender Document’s requirements can be met through either further negotiation with The Sydney Dogs & Cats Home or with another service provider.

FURTHER THAT Council formally write to The Sydney Dogs & Cats Home to advise of the decision to decline to accept their tender submission.
(Moved Councillor S McMahon / Seconded Councillor D Perry)

Minute No. 347
COW046-10 TENDER FOR THE RECONSTRUCTION OF TURFED SPORTSFIELDS AT OLDS PARK, PENSHURST PARK & GANNONS PARK (10/1612)
THAT the tender for the reconstruction of turfed sportsfields be awarded to Green Horticultural Group Pty Ltd.

THAT the General Manager be authorised to enter into Contract on behalf of Council.

FURTHER THAT Council notifies in writing the unsuccessful Tenderers and thank them for their submissions.
(Moved Councillor S McMahon / Seconded Councillor D Perry)
Minute No. 348

RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)

OPEN COUNCIL

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

Minute No. 349

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 W Pickering / Seconded Councillor S McMahon)


CONCLUSION

The Meeting was closed at 11:57 pm.

Minutes confirmed this 20th day of October, in the year two thousand and ten.



_____________________________
Chairperson

COUNCIL MEETING

APPENDIX – COMMITTEE ITEMS


FINANCE PROPERTY AND PROJECTS


FIN052-10 YOUTH SPONSORSHIP - SYLVIA LOW (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Sylvia Low to attend the 2010 Val Nesbitt Trophy and Australian Under 15 Championships.

FURTHER THAT Sylvia Low be requested to submit a report on the results achieved at the U15 Badminton Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN053-10 YOUTH SPONSORSHIP - ELIZA JOHNSTON (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Eliza Johnston to attend the National Sports Aerobics Championships.

FURTHER THAT Eliza Johnston be requested to submit a report on the results achieved at the National Sports Aerobics Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN054-10 YOUTH SPONSORSHIP - JONATHAN SHA (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Jonathan Sha to attend the 2010 Val Nesbitt Trophy and Australian Under 15 Championships.

FURTHER THAT Jonathan Sha be requested to submit a report on the results achieved at the U15 Badminton Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN055-10 YOUTH SPONSORSHIP - SARAH, VICTORIA AND ELIZABETH RIGG (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 per person (total $900) under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Sarah, Victoria and Elizabeth Rigg to attend the National Sports Aerobics Championships.

FURTHER THAT Sarah, Victoria and Elizabeth Rigg be requested to submit a report on the results achieved at the National Sports Aerobics Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN056-10 YOUTH SPONSORSHIP - JORDAN FLETCHER (10/84)
RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Program Budget to assist Jordan Fletcher to attend the Australian Trampoline Sports Championships.

FURTHER THAT Jordan Fletcher be requested to submit a report on the results achieved at the Australian Trampoline Sports Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN057-10 YOUTH SPONSORSHIP - CLARISE KOH (09/93-2)
RESOLVED THAT Council endorse the action taken by the General Manager in providing a donation of $300 under the provisions of Section 356 of the Local Government Act 1993 from Account 4059.46820 of the 2010/2011 Adopted Youth Sponsorship Program Budget to assist Clarise Koh to attend the 2010 Val Nesbitt Trophy and Australian Under 15 Championships.

FURTHER THAT Clarise Koh be requested to submit a report on the results achieved at the U15 Badminton Championships.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN058-10 DEFENCE FORCE RESERVIST SUPPORT REQUEST (10/1796)
RESOLVED That Council becomes a supportive employer of Defence Force Reservists.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN059-10 PRELIMINARY INVESTMENT REGISTER AS AT 31 AUGUST 2010 (10/60)
RESOLVED THAT the report be received and noted.
(Moved Councillor S McMahon / Seconded Councillor C Wong)



FIN060-10 QUARTERLY FINANCIAL REVIEW - JUNE 2010 (SF09/547)
RESOLVED THAT the report in relation to the June 2010 Quarterly Financial Review be received and noted.
(Moved Councillor S McMahon / Seconded Councillor C Wong)
FIN061-10 QUARTERLY FINANCIAL REVIEW - JUNE 2010 (SF09/547)
THAT the report be received and noted.

FURTHER, THAT Council publish the 4th Quarter Report by posting it on Council's website.
(Moved Councillor J Jacovou / Seconded Councillor A Istephan)



POLICY PLANNING ENVIRONMENT AND MASTER PLAN IMPLEMENTATION COMMITTEE

PPE026-10 DRAFT STATE ENVIRONMENTAL PLANNING POLICY (COMPETITION) 2010 (09/215)
RESOLVED THAT the report be received and noted.

FURTHER THAT all Council assessment reports include a reference to and that Council give proper consideration of the Draft SEPP (Competition) 2010 in the determination of development applications.
(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)



PPE027-10 MATTERS SUBMITTED FOR THE INFORMATION OF COUNCILLORS - LEGAL MATTERS INVOLVING COURT ACTION AND LIMITED CONSENTS - PLANNING AND DEVELOPMENT DIRECTORATE (09/1077)
RESOLVED THAT the information be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)



SERVICE DELIVERY CHILD CARE POLICY AND SENIOR CITIZENS COMMITTEE

AB017-10 EVALUATION OF NAIDOC WEEK 2010 (10/472)
RESOLVED THAT the information be received and noted.

FURTHER THAT all the staff involved be congratulated for their efforts.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



AB018-10 LOCAL GOVERNMENT ABORIGINAL NETWORK CONFERENCE 2010 (08/2975)
RESOLVED THAT Council's Community Worker Multicultural and Indigenous Services and two Committee members attend the Conference.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



AB019-10 TRAINING FOR COMMITTEE MEMBERS (10/469)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



AB020-10 GENERAL BUSINESS (10/469)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC017-10 PROPOSED BUS INTERCHANGE - ACCESS DESIGN ISSUES (08/262)
RESOLVED THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC018-10 PUBLIC PLACES POLICY (08/262)
RESOLVED THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC019-10 DISABILITY ACTION PLAN (08/262)
RESOLVED THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report. .
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC020-10 LIVABLE HOUSING DESIGN (08/262)
RESOLVED .THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC021-10 MOBILITY SCOOTERS STUDY (08/262)
RESOLVED THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



ACC022-10 GENERAL BUSINESS (08/262)
RESOLVED .THAT Council notes that the Advisory Committee did not meet as scheduled on the 10 August 2010 due to the lack of a quorum and receives and notes the report.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC018-10 CRIME STATISTICS, HOTSPOTS & RECENT ACTIVITIES (09/1462)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC019-10 REPOT ON CCTV SYSTEM (09/1462)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC020-10 COMMUNITY SAFETY FORUM (09/1462)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC021-10 HURSTVILLE ALCOHOL FREE ZONE (10/377)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC022-10 CRIME PREVENTION STRATEGY (09/1462)
RESOLVED THAT a Crime Prevention Strategy to address steal from motor vehicle offences be developed and submitted to the NSW Attorney General's Department for endorsement.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



CSC023-10 GENERAL BUSINESS (09/1462)
RESOLVED THAT the information be received and noted
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



MAC015-10 COUNCIL OPEN DAYS (10/470)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



MAC016-10 REPORT ON LIBRARY COLLECTION AND USAGE (10/470)
RESOLVED THAT the information be received and noted
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



MAC017-10 PLANNED PROJECTS FOR 2010 - 2011 (10/470)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



MAC018-10 GENERAL BUSINESS (10/470)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD110-10 BOOKING REQUEST BY KINGSGROVE COMMUNITY AID CENTRE FOR GALA DAY AT SMITH PARK (10/1136)
RESOLVED THAT Kingsgrove Community Aid Centre Inc provide Council with a copy of the Public Liability Cover for the companies providing amusement activities that are being used on the day of the event.

THAT Kingsgrove Community Aid Centre Inc will need to provide Council with a copy of their Public Liability Insurance Cover.

FURTHER THAT Council waive the standard booking fee of $363.00 .
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD111-10 FOREST RANGERS FOOTBALL CLUB INC. REQUEST TO HOLD ANNUAL PRESENTATION DAY PICNIC AT OATLEY PARK OVAL (10/53)
RESOLVED THAT Forest Rangers Football Club Inc. be permitted to use Oatley Park Oval on Sunday, 17 October 2010 for their Annual Presentation Day Picnic from 8am – 5pm.

THAT Forest Rangers Football Club Inc. provide Council with a copy of the amusement rides providor's Work Cover Certificate for the operation of Amusement Devices, as well as a copy of their Public Liability Cover for the Amusement Devices being used on the day of the event.

THAT the amusement rides provider complies with Work Cover NSW regulations and procedures relating to Amusement Devices.

THAT Forest Rangers Football Club Inc. provide Council with a copy of their Public Liability Insurance Cover.

THAT a booking fee of $363.00 be imposed.

FURTHER THAT a refundable cleaning deposit of $200.00 be imposed to ensure the park is left tidy and undamaged.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD112-10 GLOBAL EXPRESS SOCIAL & SPORTING CLUB (TNT EXPRESS) REQUEST TO HOLD ANNUAL CHRISTMAS PICNIC AT EVATT PARK (10/41)
RESOLVED THAT Global Express Social & Sporting Club (TNT Express) is permitted to use Evatt Park on Sunday, 21 November 2010 for their Annual Christmas Picnic from 8am – 6pm.

THAT Global Express Social & Sporting Club (TNT Express) provide Council with a copy of Jubilee Amusement Rides Work Cover Certificate for the operation of Amusement Devices, as well as a copy of their Public Liability Cover for the Amusement Devices being used on the day of the event.

THAT Jubilee Amusement Rides complies with Work Cover NSW regulations and procedures relating to Amusement Devices.

THAT Global Express Social & Sporting Club (TNT Express) will need to provide Council with a copy of their Public Liability Insurance Cover.

THAT a booking fee of $363.00 be imposed.

FURTHER THAT a refundable damage deposit of $1035.00 be imposed to ensure the park is left tidy and undamaged.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD113-10 PROPOSED ALCOHOL FREE ZONE - FOREST RD HURSTVILLE (10/377)
RESOLVED THAT pursuant to the provisions of Section 644B of the Local Government Act 1993 Council resolve to adopt a proposal to establish an Alcohol Free Zone along both sides of Forest Road, Hurstville, from Queens Road to Durham Street, including Diment Way and Woodville Lane (including proposed Bus Interchange) for a period of four years.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD114-10 CHILD PROTECTION WEEK ACTIVITIES AND EVENTS (09/2387)
RESOLVED THAT the report be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD115-10 PENSHURST LONG DAY CARE CENTRE BEST PRACTICE MODEL FOR BRIGHTER FUTURES PROGRAM (10/432)
RESOLVED THAT the report be received and noted.

FURTHER THAT all the staff involved be congratulated on their efforts.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD116-10 ROTARY GROUP STUDY EXCHANGE CONNECTICUT USA APRIL-MAY 2010 (09/1685)
RESOLVED THAT the information be received and noted.

FURTHER THAT Council's Manager Library Museum & Entertainment be congratulated on her presentation about the Rotary Group Study Exchange and also for her contribution and efforts.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



SD117-10 STAFF AWARD FOR PRESENTATION AT LOCAL GOVERNMENT WEB CONFERENCE (09/1660)
RESOLVED THAT the information be received and noted.

FURTHER THAT all the staff involved be congratulated on their efforts.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC113-10 TRAFALGAR STREET, PEAKHURST - REQUEST FOR A BUS STOP (07/1292)
RESOLVED THAT Punchbowl Bus Co in consultation with Hurstville Council be requested to review the locations of existing bus stops in Trafalgar Street, Peakhurst

FURTHER THAT Councillor Philip Sansom, Mayor of Hurstville City Council be advised of Council's decision
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC114-10 BAILEY PARADE, PEAKHURST - REQUEST FOR LIGHT TRAFFIC THOROUGHFARE RESTRICTION (05/1228)
RESOLVED THAT the request to restrict Bailey Parade Peakhurst to Light Traffic Thoroughfare be denied as a comprehensive traffic study of the class of vehicles that use Bailey Parade revealed that the majority of the trucks that access Bailey Parade are small goods delivery vehicles which service the local area.

THAT the traffic situation in Bailey Parade, Peakhurst be reviewed after 6 months

FURTHER THAT the resident be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC115-10 FOREST ROAD PEAKHURST - REQUEST FOR A FORMAL BUS ZONE (10/963)
RESOLVED THAT a 30m Bus Zone be established on Forest Road, north of Hannons Avenue, Peakhurst Heights near the Peakhurst Heights retirement village pedestrian access gate.

FURTHER THAT Punchbowl Bus Co Pty Ltd be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC116-10 HUMPHRIES LANE HURSTVILLE - REQUEST FOR BOLLARDS. (10/1407)
RESOLVED THAT the request for the installation of bollards along the southern side of Humpheries Lane Hurstville be denied.

THAT the illegal parking in Humphries Lane, Hurstville be referred to the Council's Law Enforcement Officers to police the area.

FURTHER THAT Sybmore Holdings Pty Limited, the owners of 272 and 274 Forest Road Hurstville be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC117-10 INTERSECTION OF BORONIA PARADE AND FOREST ROAD LUGARNO - ROAD SAFETY CONCERNS (10/1461)
RESOLVED THAT the request for a Traffic Calming Device at the intersection of Boronia Parade and Forest Road Lugarno be denied.

FURTHER THAT the resident be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC118-10 LESLEY CRESCENT, MORTDALE - ROAD SAFETY CONCERNS (T/00877-1)
RESOLVED THAT statutory No Stopping restriction at the intersection of Lesley Crescent and Scott Street Mortdale be signposted.

THAT Council's Law Enforcement Officers be requested to police the area near Penshurst West Public School on a regular basis.

FURTHER THAT Councillor Geigerl be advised of Council's decision
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC119-10 MORGAN STREET, BEVERLY HILLS - REQUEST TO REINSTATE 2-HOURS PARKING RESTRICTION ON THE SOUTHERN SIDE. (10/398)
RESOLVED THAT all the parking restriction on the southern side of Morgan Street, between King Georges Road and Lee Avenue Beverly Hills be reinstated to its oringial state prior to the K2RQ construction works in Beverly Hills.

FURTHER THAT all the resident who made representations to Council be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC120-10 OGILVY STREET, PEAKHURST - REQUEST FOR A SECOND DISABLED PARKING SPACE (09/755)
RESOLVED THAT the request for an additional disabled parking space in Ogilvy Street Peakhurst outside New Village Fruit and Deli Market be referred to Council's Access Committee for consideration.

THAT the Access Committee's recommendation be reported back to the Traffic Committee for recommendation.

FURTHER THAT Councillor Philip Sansom, Mayor of Hurstville City Council be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC121-10 SOUTHERN METROPOLITAN DISTRICT OF RSL SUB BRANCHES - ANNUAL REMEMBRANCE SERVICE - REQUEST FOR ROAD CLOSURE (10/242)
RESOLVED THAT a copy of the Traffic Control Plan be referred to the RTA and Police for their consents for the proposed temporary closure of Penshurst Street, Penshurst on Sunday 7th of November 2010 between 10.15am and 11.30am to hold Remembrance Day Service

THAT the temporary closure of Penshurst Street, Penshurst on Sunday 7th November 2010 between 10.15am and 11.30am to hold Remembrance Day Service be approved subject to the RTA approval.

THAT Council approve the Southern Metropolitan District Council of RSL Branches Remembrance Day Service to be held on Penshurst Street, Penshurst pursuant to s139A of Roads Act (1993).

THAT Council approve the occupation of Penshurst Street, Penshurst to place chairs for the Remembrance Day Service pursuant to s144 of Roads Act 1993.

THAT Southern Metropolitan District Council of RSL Branches notify all emergency services, bus companies, St. George Cabs Limited and affected residents of the event at least seven (7) days prior to the event.

THAT Southern Metropolitan District Council of RSL Branches advertise the road closure in local newspapers seven (7) days prior to the event.

FURTHER THAT Southern Metropolitan District Council of RSL Branches be informed of Council’s decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC122-10 WYANGA LANE, BEVERLY HILLS - REQUEST FOR A STREET POST BOX FOR AUSTRALIA POST (08/1032)
RESOLVED THAT a 6m length of the existing "No Parking" restriction along the western side of Wyanga Lane north of Tooronga Terrace, Beverly Hills be established as a "Mail Zone".

THAT the Statutory No Stopping restriction at the corner of Wyanga Lane and Tooronga Terrace be installed

THAT the existing "No Stopping, Australia Post Vehicles Excepted" zone located on the southern side of Tooronga Terrace, east of King Georges Road, be replaced with a No Stopping zone.

FURTHER THAT Australia Post be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC123A-10 HURSTVILLE OVAL - TRAFFIC MANAGEMENT MEASURES FORD RANGER CUP (09/1430)
RESOLVED THAT the use of Timothy Reserve for parking of players, officials, invitees and sponsors on 17 October 2010 be approved to facilitate Ford Ranger Cup 50 over, one-day cricket match between New South Wales versus Tasmania.

THAT parking on the northern side of Gordon Street adjoining Hurstville Oval be changed to 90 degree angle parking on 17 October 2010 to facilitate Ford Ranger Cup 50 over, one-day cricket match between New South Wales versus Tasmania.

(Moved Councillor S McMahon / Seconded Councillor A Istephan)



TAC124A-10 FOREST ROAD, LUGARNO - REQUEST FOR A PEDESTRIAN CROSSING (10/1461)
RESOLVED THAT a detail survey be carried out to ascertain whether the required warrants for a pedestrian crossing in Forest Road in the vicinity Hillcross Street, Lugarno can be established.

THAT the results of the survey be reported back to the Traffic Advisory Committee for consideration.

FURTHER THAT Councillor Jacovou and the President of the Lugarno Progress Association be advised of Council decision.  
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


RESOLUTION - CCL

THAT the Minutes of the Council Meeting held on the 22 September 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL215-10

MINUTES: EXTRAORDINARY COUNCIL MEETING - 13/10/10

Report Author/s

Manager Governance, Mr B Cooke

File

09/1229



EXECUTIVE SUMMARY




AUTHOR RECOMMENDATION

THAT the minutes of the Extraordinary Council Meeting held on 13 October 2010 be adopted.


REPORT DETAILS

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.



____________________________________
Chairperson



RESOLUTION - CCL

THAT the minutes of the Extraordinary Council Meeting held on 13 October 2010 be adopted.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL216-10

MINUTES: EXTRAORDINARY COUNCIL MEETING - 29/09/10

Report Author/s

Manager Governance, Mr B Cooke

File

09/1229



EXECUTIVE SUMMARY




AUTHOR RECOMMENDATION

THAT the minutes of the Extraordinary Council Meeting held on 29 September 2010 be adopted.


REPORT DETAILS

The Meeting commenced at 7:02 p.m.

PRESENT

Council Members

His Worship the Mayor Councillor P Sansom (Chair)
Councillor V Badalati
Councillor B Giegerl, OAM
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
Internal Auditor/Ombudsman, Mr W Park
Acting Manager, Governance, Ms K Garske
Governance Officer, Mr H Cavill


APOLOGIES

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

RECOMMENDED THAT apologies be accepted and leave of absence granted.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)

It was noted that Councillor A Wagstaff requested that her name be recorded as having voted against the motion
DISCLOSURES OF INTEREST

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


SPEAKERS

The following persons from the public gallery addressed the Council:


Mr Norman Elias:

ECM021-10 Draft Hurstville Comprehensive Local Environmental Plan 2011 - Feedback from Public Consultation of Discussion Papers

Ms Sandra Potts:

ECM021-10 Draft Hurstville Comprehensive Local Environmental Plan 2011 - Feedback from Public Consultation of Discussion Papers


Minute No. 130
PROCEDURAL MOTION

RESOLVED THAT item ECM021-10 Draft Hurstville Comprehensive Local Environmental Plan 2011 - Feedback from Public Consultation of Discussion Paper, scheduled for consideration later on the agenda, be considered now in consideration of the public gallery, many of whom have attended to hear the debate and decision on this item.
(Moved Councillor S McMahon/Seconded Councillor C Hindi)


ITEMS

Minute No. 131
ECM021-10 DRAFT HURSTVILLE COMPREHENSIVE LOCAL ENVIRONMENTAL PLAN 2011 - FEEDBACK FROM PUBLIC CONSULTATION OF DISCUSSION PAPERS (09/690)
THAT Council receive and note the report including the appendix 1 "Legal advice - pecuniary interest - LEP".

THAT Council note the recommendations in relation to the comments received on the Open Space and Waterways Discussion Paper.

THAT Council note the recommendations in relation to the comments received on the Special Uses Discussion Paper.

THAT Council note that on review of the issues raised in submissions, it is recommended that all of the Investigation Sites identified in the Residential Land Discussion Paper be included in the R2 Low Density Residential zone in the draft Comprehensive LEP 2011:

· Investigation Site 1 (Beverly Hills): Ponyara Road and Lowana Place

· Investigation Site 2 (Beverly Hills): Melvin Street

· Investigation Site 3 (Mortdale): Universal Street

· Investigation Site 4 (Mortdale): Newman Street, Cross Street, Victoria Ave, Cook Street

· Investigation Site 5 (Narwee): Berrille Road

· Investigation Site 6 (Riverwood): Jacques Ave & Richards Ave

THAT Council note that the future review of the Hurstville DCP No.1 – LGA Wide is to consider in detail the submissions raised in the Residential Land Discussion Paper particularly relating to neighbourhood character, residential amenity, social impact assessment, open space, bicycle storage, footpath upgrades, landscaping to ensure best practice social and environmental design is included in the DCP.

THAT Council note that on the future review of the Hurstville DCP No.1 - LGA Wide is to consider in detail the submissions raised in the Residential Land Discussion Paper in relation to updating the requirements for Crime Prevention Through Environmental Design to ensure best practice environmental and building design in relation to crime prevention is included in the DCP.

FURTHER THAT those persons who were notified or made a submission to the Discussion Papers be advised of Council’s resolution in plain english.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)
The amendment to "FURTHER THAT those persons who were notified or made a submission to the Discussion Papers be advised of Council’s resolution in plain english" proposed by Councillor B Giegerl was accepted by Councillor S McMahon and Councillor C Hindi.

It was noted that the motion was carried unanimously.


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

The following persons from the public gallery addressed the Council:


Mr Bernie Holdsworth:

ECM022-10 Draft Hurstville Local Environmental Plan 1994 (Amendment No.70) and Draft Amendment to Development Control Plan No.2 Hurstville City Centre - Commercial Only Core Within Hurstville City Centre

Minute No. 132
PROCEDURAL MOTION

RESOLVED THAT item ECM022-10 Draft Hurstville Local Environmental Plan 1994 (Amendment No.70) and Draft Amendment to Development Control Plan No.2 Hurstville City Centre - Commercial Only Core Within Hurstville City Centrer, scheduled for consideration later on the agenda, be considered now in consideration of the public gallery, many of whom have attended to hear the debate and decision on this item.

(Moved Councillor S McMahon/Seconded Councillor C Hindi)
Minute No. 133
ECM022-10 DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 (AMENDMENT NO. 70) AND DRAFT AMENDMENT TO DEVELOPMENT CONTROL PLAN NO. 2 HURSTVILLE CITY CENTRE - COMMERCIAL ONLY CORE WITHIN HURSTVILLE CITY CENTRE (05/1937)
THAT Council resolve to proceed with Draft Hurstville Local Environmental Plan 1994 (Amendment No.70) in respect of the Commercial Only Core land within Hurstville City Centre and forward the Section 69 report to the Minister.

THAT Council resolve pursuant to clause 21 of the Environmental Planning and Assessment Regulation 2000 to approve the amendment to Development Control Plan No.2 (Hurstville City Centre).

THAT Council give public notice of the decision to approve the amendment to Development Control Plan No. 2 (Hurstville City Centre) in the local paper in accordance with clause 21(4) of the Environmental Planning and Assessment Regulation 2000, stating that the amendment will commence upon gazettal of draft Hurstville Local Environmental Plan (Amendment No.70).

THAT the Department of Planning be advised of Council’s decision to approve the amendment to Development Control Plan No. 2 in accordance with the Environmental Planning and Assessment Act 1979.

THAT Council endorse the Director Planning and Development to make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, in the finalisation of the draft Plans.

THAT Council make a submission to the Roads and Traffic Authority requesting the abandonment of the proposed realignment on the northern side of Forest Road extending from MacMahon Street to Woodville Lane.

THAT Council receive and note the report including appendix 4 "Legal advice - pecuniary interest - LEP".

FURTHER THAT all persons who made submissions be advised of Council’s decision.
(Moved Councillor S McMahon / Seconded Councillor N Liu)
Councillor V Badalati foreshadowed a motion to defer the amendments to allow for further consultation with the Illawarra Catholic Club to determine if a suitable compromise can be found.

The foreshadowed motion lapsed as the Motion was carried.


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

Minute No. 134
NOM002A-10 NOTICE OF MOTION - RESCISSION - OUTSTANDING ACHIEVEMENTS COMMITTEE - CIVIC RECEPTION (SF10/602)


THAT Council host a joint Civic Reception for former NSW Police Commissioner Mr Cec Abbott and the current NSW Police Commissioner Mr Andrew Scipione.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

The motion on being put was lost on voices and a show of hands. Councillors V Badalati and W Pickering requested a division.

Division

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

Upon the division being recorded the motion was declared lost.



The meeting finished at 8:03pm.



____________________________________
Chairperson



RESOLUTION - CCL

THAT the minutes of the Extraordinary Council Meeting held on 29 September 2010 be adopted.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL220-10

QUESTIONS WITHOUT NOTICE

Report Author/s

Governance Officer, Mr H Cavill

File

D10/107608



EXECUTIVE SUMMARY

To update Councillors on the status of Questions Without Notice raised at previous Council meetings.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

The Outstanding Questions Without Notice report is now submitted as an appendix for the information of Councillors.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX
D10 107608  Questions Without Notice - October 2010.pdf


Print
COUNCIL MEETING
Wednesday, 20th October 2010



CCL221-10

DISCLOSURES OF INTEREST

Report Author/s

Manager Governance, Mr B Cooke

File

10/81

Reason for Report

For information

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

Section 450A of the Local Government Act 1993 requires all lodged Disclosure of Interest Returns to be tabled at the first meeting of the Council after the last day of lodgement. The returns of all Councillors and designated persons for the 12 month period ending 30 June 2010, and for newly proposed designated persons, have been lodged and are now tabled before this Council meeting.


AUTHOR RECOMMENDATION

THAT Council confirms that the position holders of the positions listed in this report are designated persons as defined in Section 441 of the Local Government Act 1993.

FURTHER, THAT the Disclosure of Interest Returns for 2009/2010 submitted by Councillors and designated persons be received and noted.


REPORT DETAIL

At its meeting on 21 October 2009 Council resolved that certain officers holding nominated positions would be designated persons, as defined in Section 441 of the Local Government Act 1993 for the purpose of submitting Disclosure of Interest Returns under Section 449. Since that resolution Council has changed/added several positions to the designated persons list. Some positions on this previously approved list have also been renamed.

The positions below comprise the complete list of positions, whose occupants are existing or proposed designated persons as defined in Section 441 of the Local Government Act 1993. It is recommended that Council confirm these position holders as 'designated persons'.


Disclosure of Interest Returns have been received by Councillors and all occupants of the above positions as required by relevant sections of the Act:
All returns have been filed in the appropriate register, which is now tabled for the information of Council in accordance with the requirements of Section 450A of the Local Government Act 1993. The Register of Disclosure Interest Returns is available for inspection.


RESOLUTION - CCL

THAT Council confirms that the position holders of the positions listed in this report are designated persons as defined in Section 441 of the Local Government Act 1993.

FURTHER, THAT the Disclosure of Interest Returns for 2009/2010 submitted by Councillors and designated persons be received and noted.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL222-10

CODE OF MEETING PRACTICE - PUBLIC PARTICIPATION AT COUNCIL / COMMITTEE MEETINGS & COUNCILLORS MANAGING NON-PECUNIARY CONFLICTS OF INTERESTS

Report Author/s

Internal Auditor / Ombudsman

File

05/1898



EXECUTIVE SUMMARY

Councillors may recall that at the meeting on 25 August 2010 a question was raised from the floor as to whether Councillors had any non-pecuniary interests when their spouse addresses Council. Legal advice has been received and is now attached.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

Councillors may recall that at the meeting on 25 August 2010 a question was raised from the floor as to whether Councillors had any non-pecuniary interests when their spouse addresses Council. Legal advice has been received and is now attached.

Councillors need to consider the advice in any determination that they need to make as to whether they may have any non-pecuniary conflict of interest in a matter when their spouse/partner or close family member speaks before a Council or Committee meeting.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX
Legal Advice - Participation at Meetings.pdf


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL223-10

AUDIT COMMITTEE COMPOSITION AND DRAFT AUDIT COMMITTEE CHARTER

Report Author/s

Internal Auditor / Ombudsman, Mr W Park

File

09/2339



EXECUTIVE SUMMARY

Council at its meeting on 28 April 2010 (CCL070-10) considered a report regarding the implementation of an Audit Committee and resolved:


This report provides further information regarding the composition of the Committee and proposes a Draft Charter for consideration.


AUTHOR RECOMMENDATION

THAT the composition of the Audit Committee be as outlined in the report.

THAT advertisements be undertaken for the engagement of a suitably qualified external representative as per the Draft Charter.

THAT the Draft Charter be adopted and referred to the first meeting of the Audit Committee.

FURTHER THAT the fee for the External Representative be $500 per meeting.


REPORT DETAILS

Council at its meeting on 28 April 2010 (CCL070-10) considered a report regarding the implementation of an Audit Committee and resolved:-
This report provides further information regarding the composition of the Committee, other issues to address and proposes a Draft Charter.

As previously advised to Council, the establishment of an Audit Committee at Hurstville is supported as it will further strengthen our governance function and provide for greater accountability and internal control. The Committee will monitor and provide guidance to improve Council’s processes, procedures and internal controls and to assist with the strategic management of risks.

The role of the Committee is to assist Council in meeting responsibilities in relation to its internal audit function, and is recommended by the Division of Local Government (DLG) as it:-Key characteristics of a good practice Audit Committee are:-Independence and Objectivity ideals are:-
Secretariat services for the Audit Committee will be provided by the Internal Auditor / Ombudsman.

Internal Audit Guidelines

The DLG has recently released updated Internal Audit Guidelines (3 September 2010 - Circular 10-22) copy attached, for the purposes of section 23A of the Local Government Act. Council is obligated to consider the Guidelines issued by the DLG, however they are not mandatory nor are they a model that must be adopted by Council.

The DLG in its Guidelines under "What is an Audit Committee" states:-

This paper now addresses the issues of implementing an Audit Committee having regard to the DLG Guidelines and Hurstville's position managing its internal audit functions. It is noted that Council has been proactive in its internal audit function by implementing a staff Governance & Risk Management Committee (previously Internal Audit Committee) well before the DLG released Internal Audit Guidelines to review its operational risks in the areas of fraud, risk management and the like.The essential issues to consider are:-These issues are now outlined for consideration to enable the matter to proceed.Councillor Membership
It is suggested that the Deputy Mayor of the day be appointed as Council’s representatives to this Committee.Membership could be annual as elected at the Mayoral Elections each September.

Independent Representative/s
The DLG’s sample charter proposes that Audit Committees have one Councillor with 2 Independent Members.

The independent representative/s must have financial / legal / business / governance / audit committee experience in the public sector and be elected as Chair of the Committee.

The independent external representative/s will be sought through an expression of interest advertisement and membership could be either bi-annual or match the Council’s term. The independent representative/s would be eligible for re-appointment.

The selection Committee for the independent representative/s is suggested as being the Mayor, Deputy Mayor, Councillors Jacovou and Wong, being members of the Council's Special Projects Committee, and Internal Auditor / Ombudsman. The Committees recommendation would be referred to Council for approval.

As Hurstville is not a large Council, its performance has been steady over a number of years with substantial experience from its executive management in the Local Government arena, the internal support and controls in the management of risks, the implementation of a staff Governance & Risk Management Committee and that this would be Council's inaugural Audit Committee, it is suggested that the Charter provide for one independent representative to be appointed and be the Chair of the Committee.

Staff Attendees
In addition to Councillor Membership and an Independent representative/s, it is proposed that the Director Administration (as the General Manager's representative), the Chief Financial Officer and Internal Auditor / Ombudsman be appointed to the Committee as non-voting members.

Term of Committee Membership
It is suggested that the term of appointment be for a period concluding with this Council's term of office (September 2012) with carry over provisions pending the new Council's consideration of the matter.

Independent Representative Fees
In discussions with other Council’s it is accepted that attendance of the independent representative/s would attract a meeting fee of between $200 and $600 per meeting. However this amount does vary between Councils and a significantly higher fee is paid by some. This is particularly so if a representative is sought from one of the big 4 accounting firms.

A fee for attendance by an independent representative/s is suggested to be $500 per meeting.

It is proposed that the Committee meet 4 times per annum at times determined by the Committee. Additional meetings can be scheduled if the need arises, particularly when reviewing Council’s audited annual accounts. Funding of the external representative/s fee has been provided in Council's Program Budget.

Charter
The draft charter is attached for approval and should be referred to the first meeting of the Audit Committee.


RESOLUTION - CCL

THAT the composition of the Audit Committee be as outlined in the report, with the exception that there is to be two external representatives.

THAT advertisements be undertaken for the engagement of two suitably qualified external representatives as per the Draft Charter.

THAT Council writes to tier one and tier two accounting firms for expressions of interest.

THAT external nominees be selected by full Council.

THAT the fee for the two external representatives be $350 for the Chair, and $250 for the other per meeting.

FURTHER THAT the Draft Charter be adopted and referred to the first meeting of the Audit Committee.
(Moved Councillor C Hindi / Seconded Councillor A Wagstaff)





APPENDIX
DLG Internal Audit Guidelines September 2010.pdf

DLG Circular 10-22 revised Internal Audit Guidelines 2010.pdf

Draft Audit Committee Charter.docx


Print
COUNCIL MEETING
Wednesday, 20th October 2010



CCL224-10

AUDITED ANNUAL FINANCIAL REPORTS FOR THE PERIOD ENDED 30 JUNE 2010

Report Author/s

Acting Chief Financial Officer, Mrs C Long

File

10/1135

Reason for Report

To present Council's 2009/10 Financial Accounts and Auditor's Report

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

N/A

Previous Reports Referenced

No



EXECUTIVE SUMMARY

In accordance with the Local Government Act, Council's statutory accounts for the twelve months ended 30th June 2010 have been prepared and audited. in accordance with s418 of the Local Government Act 1993, public notice was on given on Thursday 7th October 2010 regarding the presentation of the Audited Financial Statements to Council for approval.



AUTHOR RECOMMENDATION

THAT the Statutory Accounts for the year ended 30th June 2010 be adopted.


REPORT DETAIL

The Annual Statutory Accounts have been prepared in accordance with Australian equivalents to International Financial Reporting Standards (AIFRS), other professional pronouncements of the Australian Accounting Standards Board, the Local Government Act (1993) and Regulations, and the Local Government Code of Accounting Practice and Financial Reporting. The Audit of these accounts has been finalised and a copy of the Accounts and the Audit Report are available on the Hurstville Council website and attached as Appendix 1.

In accordance with s418 of the Local Government Act 1993, Council is required to give public notice of the date of the meeting at which the Audited Financial Statements are being presented. Copies of the statements are available for inspection by members of the public from the date of public notice of the meeting until the day after the meeting. A copy of the public notice which appeared in the St George and Sutherland Shire Leaderon 7th October 2010 is presented in Appendix 2.




RESOLUTION - CCL

THAT the Statutory Accounts for the year ended 30th June 2010 be adopted.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX
Appendix 1: Annual Financial Accounts and Audit Report

2009-10 Annual Financial Statements & Auditors Report.pdf

Appendix 2: Advertisement re Public Notice

Financial Statements 09-10 Advertisement.pdf


Print
COUNCIL MEETING
Wednesday, 20th October 2010



CCL225-10

CERTIFICATE OF CASH & INVESTMENTS AS AT 30 SEPTEMBER 2010

Report Author/s

Financial Coontrol & Risk Manager, Ms M Chew

File

10/60

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

N/A

Previous Reports Referenced

No



EXECUTIVE SUMMARY

The Certificate of Cash & Investments as at 30 September 2010 is attached as an Appendix.


AUTHOR RECOMMENDATION

THAT the report be received and noted.


REPORT DETAIL


Total funds have increased by $2.2M in September, largely as a result of receiving first quarterly rate instalments during the month.

Actual interest earnings to date of $666k is $296k higher than budget. This is due to quarterly coupons continuing to be received from most structured investments based on their face values.


RESOLUTION - CCL

THAT the report be received and noted.

(Moved Councillor S McMahon / Seconded Councillor W Pickering)





APPENDIX
Certificate of Cash and Investments Sept 2010.XLS


Print
COUNCIL MEETING
Wednesday, 20th October 2010



CCL226-10

HURSTVILLE COMMUNITY CAROLS BY CANDLELIGHT

Report Author/s

Manager Governance, Mr B Cooke / Sport & Recreation Officer, Ms C Irwin

File

10/83

Reason for Report

For consideration

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes, within existing budget

Previous Reports Referenced

No



EXECUTIVE SUMMARY

The International Community Fellowship has requested assistance in holding the proposed Hurstville Community Carols by Candlelight at Woodville Park on Saturday 18 December 2010.


AUTHOR RECOMMENDATION

THAT the International Community Fellowship be permitted to use Woodville Park to hold their Annual Community Carols by Candlelight and Family Festival on Saturday, 18 December 2010 from 3.00pm to 9.30pm.

THAT Council approves the request of the Fellowship to provide assistance for the event, by providing a donation of $800.

THAT Council notes the previous approval to both waive the park booking fee of $363 and the provision of requested materials estimated at $410.

THAT the Fellowship provides Council with a copy of the Work Cover Certificate for the operation of Amusement Devices from the company that is providing any rides, in addition to a copy of that company's Public Liability Cover for the rides being used on the day of the event.

THAT the company providing the rides must comply with Work Cover NSW regulations and procedures relating to Amusement Devices.

THAT the Fellowship provides Council with a copy of their Public Liability Insurance Cover.

THAT Council supplies keys to access power from the pole and under the Rotunda for the event.

FURTHER THAT a refundable cleaning deposit of $200 be imposed to ensure the park is left clean and tidy.


REPORT DETAIL

Requests from the International Community Fellowship have been received to provide financial assistance in holding the proposed Hurstville Community Carols by Candlelight and Family Festival at Woodville Park on Saturday 18 December 2010:


The Fellowship has also requested the following practical assistance:
It is noted that Council:
In terms of the $800 donation, at the time of preparing this report, of the $13,650 Additional Donations approved budget the remaining balance is $2,446. The previously approved supply of materials to be costed to the Parks & Miscellaneous Forgone Revenue budget.

Other requests for financial assistance may be being considered at this Council Meeting.


RESOLUTION - CCL

THAT the International Community Fellowship be permitted to use Woodville Park to hold their Annual Community Carols by Candlelight and Family Festival on Saturday, 18 December 2010 from 3.00pm to 9.30pm.

THAT Council approves the request of the Fellowship to provide assistance for the event, by providing a donation of $800.

THAT Council notes the previous approval to both waive the park booking fee of $363 and the provision of requested materials estimated at $410.

THAT the Fellowship provides Council with a copy of the Work Cover Certificate for the operation of Amusement Devices from the company that is providing any rides, in addition to a copy of that company's Public Liability Cover for the rides being used on the day of the event.

THAT the company providing the rides must comply with Work Cover NSW regulations and procedures relating to Amusement Devices.

THAT the Fellowship provides Council with a copy of their Public Liability Insurance Cover.

THAT Council supplies keys to access power from the pole and under the Rotunda for the event.

FURTHER THAT a refundable cleaning deposit of $200 be imposed to ensure the park is left clean and tidy.
(Moved Councillor S McMahon / Seconded Councillor W Pickering)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


CCL227-10

COMMUNITY GRANTS PROGRAM 2010-11

Report Author/s

Manager Community Services, Mr D Linden

File

10/1299



EXECUTIVE SUMMARY

This report provides details of the applications received for the 2010/11 Community Grants Program.


AUTHOR RECOMMENDATION

THAT the applications as recommended for funding be approved.


REPORT DETAILS

Applications for the Community Grants Program for the 2010/11 financial year closed on 27 August 2010 and a total of 44 applications were received requesting funding to the value of $194,276.

The applications have been assessed by the members of the Community Services team in accordance with the Policy Guidelines which contain the funding criteria and funding guidelines. Those applications recommended for funding cover a range of projects benefiting the different demographic groups and in particular the priority areas of improving access to services and facilities for disadvantaged persons and increasing the opportunities for persons from different backgrounds to participate in community life.

Applicants (for Hurstville City Council) who were intending to submit applications to either or both Kogarah and Rockdale Councils for the same project were asked to indicate their intention and the amount being sought. The process of assessment includes liaison between the three Councils.

Kogarah Council has advised that it has approved funding for the following projects which have also been recommended for funding by Hurstville City Council:

· $2,000 for Al Zahra Toastmasters Club
· $1,200 for Australian Macedonian Centre for Welfare Services
· $500 for St George Zone of Playgroups

The following applications are submitted for approval of the level of funding shown:

Abhinay School of Performing Arts $3,000
Al Zahra Toastmasters Club $1,000
Asian Women at Work $2,000
Aust Macedonian Centre for Welfare Services $3,900
BlueFit Foundation $4,000
Camp Kookaburra $2,267
Chinese Australian Services Society $3,000
Chinese Parents Assoc - Children with Disabilities $2,000
Civic Disability Services $1,500
Georges River Life Care $2,000
Georges River Lioness Club $829
Hurstville Community Garden $2,100
Hurstville Discovery Writers Group $4,000
Hurstville Italian Seniors Group $400
Kingsgrove Kidsplay Playgroup $1,000
Macedonian Australian Welfare Assoc $4,000
Mortdale Community Services $4,000
Neami Ltd $4,000
Pole Depot Community Centre $5,000
Pole Depot Community Centre $3,000
Resourceful Australian Indian Network $4,000
St George Creative Art & Craft Centre $3,250
St George Lebanese Joint Committee $4,000
St George Migrant Resource Centre $4,000
St George Zone of Playgroups $1,250
Shopfront Theatre for Young People $5,000
Southern Sydney Youth Refuge $2,870
Vision Australia $4,000
Zonta Club $1,000

TOTAL $82,366
.


RESOLUTION - CCL

THAT the matter be deferred to a future meeting following consideration at a Councillor Workshop.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010



CCL228-10

MEMORANDUM OF UNDERSTANDING (MOU) FOR COUNCIL ROAD CLOSING APPLICATIONS

Report Author/s

Property Portfolio Manager, Mr D Vedamuthu

File

04/2643

Reason for Report

To seek consent to execute a Memorandum of Understanding with the Department of Lands

Existing Policy?

No

New Policy Required?

No

Financial Implications

No.

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Hurstville City Council has been approached by The Department of Lands who are seeking a partnership arrangement, via a Memorandum of Understanding (MOU), in regards to Hurstville City Council’s road closing applications.

It is anticipated that the proposal for partnership between Hurstville City Council and the Department of Lands will allow a more efficient and cost effective method of administering proposals to close Council public roads. Council will act in this regard as an agent of the Crown and will in effect be able to process matters within a more expeditious timeframe.

The partnership arrangement will give Council more control over the timing of applications and thereby delegates authority to Council under Sections 35 & 36 of the Roads Act 1993.


AUTHOR RECOMMENDATION

THAT Council approve the partnership between Hurstville City Council and Department of Lands (LPMA) as per the terms of the Memorandum of Understanding (MOU) outlined in this report.

FURTHER, THAT authority be given for the General Manager to execute all relevant Memorandum of Understanding (MOU) documentation and, where applicable, do so under the Common Seal of Council.


REPORT DETAIL


Background

In November/December 2004, the Departments of Lands held meetings with ten Sydney Councils to discuss a trial of a Council/Department of Lands public road closing partnership. The object of the proposal is to allow Council, by agreement under a Memorandum of Understanding (MOU) with the Department, to undertake initial components of the road closing process including statutory advertising and receipt of submissions, normally undertaken by the Department.

Following the successful introduction of the MOU with the initial ten councils, it is proposed to widen the scope of Councils by extending the council road closing partnership arrangement with the Department to the remainder of the councils in the Sydney Metropolitan region.

Current

Hurstville City Council has been approached by The Department of Lands (LPMA) who are seeking a partnership arrangement, via a Memorandum of Understanding, in regards to Hurstville City Council’s road closing applications.

The Department of Lands (LPMA) has advised that there is a substantial backlog of road closing applications awaiting either advertising or action by the Department. There are only two (2) officers dealing with Road Closing Applications for some 45 Councils in the greater Sydney Metropolitan area. The Department recognises it is unable to provide the best service possible.

The objective of this Memorandum of Understanding is to allow Hurstville City Council to undertake certain specified actions as provided by the Roads Act 1993 on behalf of the Minister for Lands.

It is proposed that the following agreed actions be undertaken by Hurstville City Council on behalf of the Minister for Lands with regard to applications for the closing of roads for which Hurstville City Council is the roads authority under the provisions of the Roads Act 1993.

Agreed Delegated Actions:


Please note that fore-mentioned delegated actions are additional to those actions that are currently being conducted by Council staff in completing road closure applications.

The Department of Lands has supplied a checklist and flowchart that set out the general protocols for proceeding. Depending on the individual situation, the protocols may be open to alteration by mutual agreement between the Minister’s delegate and Council from time to time.

The Memorandum of Understanding will commence upon signature by both parties.




RESOLUTION - CCL

THAT Council approve the partnership between Hurstville City Council and Department of Lands (LPMA) as per the terms of the Memorandum of Understanding (MOU) outlined in this report.

FURTHER, THAT authority be given for the General Manager to execute all relevant Memorandum of Understanding (MOU) documentation and, where applicable, do so under the Common Seal of Council.
(Moved Councillor W Pickering / Seconded Councillor S McMahon)





APPENDIX


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Confidential
COUNCIL MEETING
Wednesday, 20th October 2010

CCL229-10PROPERTY MATTER - FINALISATION OF COMPULSORY ACQUISITION COMPENSATION FOR 320 FOREST ROAD, HURSTVILLE
Report Author(s)Commercial Property Manager, Mr G McDonald
FileC08/16
Reason for ReportTo seek to level of compensation payable for the acquisition of 320 Forest Road, Hurstville.
Existing Policy?NoNew Policy Required?No
Financial ImplicationsProperty Acquisition Costs
Previous Reports ReferencedYes



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 property information 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 - COW

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 property information 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)





Print
COUNCIL MEETING
Wednesday, 20th October 2010
Addendum


CCL230A-10

MINUTES: EXTRAORDINARY COUNCIL MEETING - 18/09/2010

Report Author/s

General Manager, Mr V Lampe

File

09/1229



EXECUTIVE SUMMARY




AUTHOR RECOMMENDATION

THAT the Minutes of the Extraordinary Council Meeting held on the 18 October 2010 be adopted.


REPORT DETAILS

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 it 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


RESOLUTION - CCL

THAT the Minutes of the Extraordinary Council Meeting held on the 18 October 2010 be adopted.
(Moved Councillor W Pickering / Seconded Councillor C Hindi)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010




NOM020-10

LONGWALL MINING UNDER THE DHARAWAL STATE CONSERVATION AREA

Report Author(s)

Councillor A Wagstaff

File

D04/23708



EXECUTIVE SUMMARY

It has been requested that Council opposes the commencement of mining projects beneath the Dharawal State Conservation Area.


AUTHOR RECOMMENDATION

THAT Hurstville City Council opposes any coalmining, including but not limited to longwall and coal seam gas extraction, beneath the Dharawal State Conservation Area, which threatens the integrity of the swamp system which feeds O'Hare's Creek (being the headwaters of the Georges River).

THAT the Mayor writes to both the State and Federal Ministers for Environment expressing our opposition to undermining the Dharawal State Conservation Area, and requesting urgent intervention to protect the headwaters of the Georges River.

THAT Council writes to the Minister for the Environment urging that the Dharawal State Conservation Area be re-classified as a National Park or Nature Reserve, so that future mining leases and operations are prevented.

FURTHER THAT the Minister for the Environment moves to revise the Water Quality Licences issued by DECCW, in line with recommendations made by Dr Ian Wright from UWS, in order to protect the upper Georges River from coal waste discharges.


REPORT DETAILS

The state government is currently considering an application from BHP Billiton to massively extend its mining operations at the edge of southern Sydney, for 30 years into the future. The application is referred to as the Bulli Seam Operation. BHP’s own Environmental Assessment admits it puts 4 streams, 55 swamps and 17 threatened species at risk. The proposal will impact of 220 square kilometers across the landscape. The pristine headwaters of the Georges River, and the Woronora and Cataract Catchments are contained within the proposed Eastern Mining Domains. The Dharawal State Conservation Area is the catchment of O’Hares Creek which, when it meets the Georges River delivers 70% of its flow, and its water is pristine. At least 40% of this catchment will be undermined. Additionally the headwaters of Punchbowl Ck, which is a virtually unknown creek and extremely pure tributary of the Georges flowing out of the Holsworthy Military Reserve, will also be undermined.

Longwall coal mining in the past has caused surface subsidence and upsidence and consequently cracked the riverbeds of both Waratah Rivulet, a tributary of Woronora Dam and the upper Georges River as recently as November 2009. Stream pool draining followed. If the water re-emerges at the surface further downstream, past experience shows it has been polluted with excessive levels of iron and bubbles with methane gas.

A very serious threat is to the upland swamps that soak up rainfall and release it slowly keeping streams alive even in dry times. Cracking of the bedrock beneath them can drain swamps, reducing the flow of water into the streams that depend on them. The swamps themselves die, and become dangerously fire prone, and can eventually collapse completely releasing sediment that then chokes the streams. Flat rock swamp in Woronora catchment is an example of this type of environmental catastrophe, following longwall mining. Damage that has occurred in the past was as a result of longwalls of 163metres in width; with BHP’s new proposal, they propose longwalls of at least 310 metres in width.

Apart from this water loss and water pollution scenario, an additional impact is from the Coal Waste Dump at Westcliff on a Georges River tributary called Brennans Ck. Its impacts on Georges River water quality were noted by the Georges River Catchment Management Committee in the 1990’s. As Dr Ian Wright has noted in 2010, BHP has a licence to discharge waste water into Brennans Ck, which then runs into the Georges River, that sets no limits for salinity and dangerous heavy metals! His independent testing shows a polluted plume of mine waste water for 15km downstream. This is the current situation, and with the mining operation about to massively expand, the area of the coal dump is about to almost quadruple in size, the future scenario for waste water management, does not look good.


The Sydney Morning Herald has recently announced that coal seam gas explorations will soon occur in the area of Maddens Plains (same vicinity) with ominous predicted impacts, potentially to multiply all of the above.

Across the landscape, the most environmentally sensitive areas should be protected with the banning of mining under swamps and streams, setbacks of a defined width (Rivers SOS say 500-1000metres) from significant features e.g. cliff lines, Aboriginal sites, and in general the application of the risk avoidance principle of ‘Nil Surface Damage’.


RESOLUTION - CCL

THAT Hurstville City Council opposes any coalmining, including but not limited to longwall and coal seam gas extraction, beneath the Dharawal State Conservation Area, which threatens the integrity of the swamp system which feeds O'Hare's Creek (being the headwaters of the Georges River).

THAT the Mayor writes to both the State and Federal Ministers for Environment expressing our opposition to undermining the Dharawal State Conservation Area, and requesting urgent intervention to protect the headwaters of the Georges River.

THAT Council writes to the Minister for the Environment urging that the Dharawal State Conservation Area be re-classified as a National Park or Nature Reserve, so that future mining leases and operations are prevented.

FURTHER THAT the Minister for the Environment moves to revise the Water Quality Licences issued by DECCW, in line with recommendations made by Dr Ian Wright from UWS, in order to protect the upper Georges River from coal waste discharges.

(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 20th October 2010


QWN005-10

COST TO COUNCIL OF TRAINING COURSES ATTENDED BY COUNCILLORS FROM 22/9/08 TO 30/8/10

Report Author/s

Councillor A Wagstaff

File

10/950



COUNCILLOR QUESTION

The following Question with Notice, QWN004-10 was included in the Agenda of the Council Meeting of 22 September 2010:

Could I please be advised the cost to Council of training courses attended by Councillors over the period from 22 September 2008 to 30 August 2010, and details such as the training course, workshop and/or conference attended, location of the training course, workshop and/or conference and the names of those councillors who attended?


OFFICER RESPONSE

That part of the question concerning costs and details of conferences was answered in QWN001-10 at the Council Meeting of 25 August 2010.

The costs and details of training are included in the table:

Conference
Location
Councillors attended
Cost
Councillor Weekend: financial, governance, planning, media (14-15 Aug 09)SydneyWagstaff
$800
Internal Audit in Local Government (16 Nov 09)SydneyWagstaff
$491
Financial Skills for Councillors (4 Dec 09)SydneyWagstaff
$450
The above details do not incude the Hurstville City Council and the DLG Inductions for Councillors which were run soon after the 2008 Local Government Elections, nor do they include any no-cost industry forums or seminars.



COUNCILLOR BACKGROUND




RESPONSE - CCL

THAT the information be received and noted.

(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)





APPENDIX


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COUNCIL MEETING
Wednesday, 20th October 2010


QWN006-10

QWN003-10 - QUOTATIONS FOR DEMOLITION OF MORTDALE MASONIC HALL

Report Author/s

Manager Engineering Services, Mrs M Whitehurst

File

10/658



COUNCILLOR QUESTION

  1. Did Council ask for quotations for the demolition of the Mortdale Masonic Hall?
  2. If so, how many quotations were sought and with whom?
  3. Were any of these parties told not to submit a quotation?
  4. If so, why?
  5. When will Council make public those quotations?
  6. Was each potential contractor provided a copy of the Hazardous Building Materials Survey Report before entering the building?
  7. If not, why not?



OFFICER RESPONSE

This Question With Notice was tabled at the August 2010 Council Meeting, whereby the following Officer Responses were provided:
"1. Yes.
2. Six (6) quotations were sought however, only 5 submissions were received from Matt Dalley Demo, Mann Group, Ghossayn Group, ACE Demo & Excavation and MG Demo.
3. No.
4. Not applicable.
5. Quotations will not be made public as they are 'commercial in confidence' submissions.
6. Yes.
7. Not applicable."

The informations provided to Council was incorrect for question 2 and the following clarification must be made:
Six (6) requests for quotations were sent to the following companies:
· Mann Group P/L
· Matt Daley Demo P/L
· Ronnies Demolitions P/L
· Ghossayne Group P/L
· Ace Demo & Excavation
· MG Demo

Only five(5) submissions were received, those being:
· Mann Group P/L
· Matt Daley Demo P/L
· Ronnies Demolitions P/L
· Ghossayn Group P/L
· Ace Demo & Excavation




COUNCILLOR BACKGROUND




RESPONSE - CCL

THAT the information be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor C Hindi)





APPENDIX