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COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 15th December 2010


Thursday 9th December, 2010


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Council Meeting of the Council will be held at the Civic Centre, Hurstville on Wednesday, 15th December 2010 at 8:00 pm for consideration of the business mentioned hereunder.

Victor G D Lampe
General Manager


BUSINESS

1. The National Anthem
2. Opening Prayer - The Reverend Frank Langford, Riverside Christian Church
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, 15th December 2010

ITEMS


CCL264-10 MINUTES: COUNCIL MEETING - 24/11/2010 (09/1229)CCL265-10 2010 SISTER CITY ACTIVITIES (09/1425)CCL266-10 ORGANISATIONAL RESTRUCTURE AND INCREASE IN ESTABLISHMENT - INTERNAL AUDITOR (09/2339)CCL267-10 PATRON STATUS FOR THE ST GEORGE AND SUTHERLAND BUSINESS ENTERPRISE CENTRE (BEC) (10/176)CCL268-10 PLAN OF MANAGEMENT - MYLES DUNPHY RESERVE (07/603)CCL269-10 QWN013-10 HEALTH OF LOWER GEORGES RIVER (10/1453)CCL270-10 QWN014-10 FEASIBILITY STUDY TO IDENTIFY CYCLE PATH/ROUTE BETWEEN BOTANY BAY AND OATLEY PARK (08/635)CCL271-10 QWN10-03 - CLR W PICKERING - GENERAL MANAGER'S MONETARY REIMBURSEMENTS (10/2361)CCL272-10 TENDER FOR THE EXPANSION OF THE HURSTVILLE AQUATIC LEISURE CENTRE (10/1819)CCL273-10 LEGAL MATTER - FREDERICK AVENEUE BEVERLY HILLS (10/1319)CCL274-10 EXCLUSION OF NOTICE OF MOTION FROM BUSINESS PAPER (08/2263)CCL275A-10 QWN10-15 - CLR C HINDI - CORPORATE CREDIT CARD - FORMER MAYOR'S PERSONAL ASSISTANT (10/297)CCL276A-10 QWN08-10 - CLR A WAGSTAFF - COST OF COUNCILLOR WEEKEND WORKSHOP NOVEMBER 2010 (10/1543)CCL277A-10 RETURN OF THANKS (10/31)NOM025-10 CONTENTS OF EMAIL FROM CR WONG'S MOBILE PHONE (08/2263)NOM026-10 FOOD INSPECTIONS (10/317)NOM027-10 ILLAWARRA CATHOLIC CLUB'S LOCAL IMPACT ASSESSMENT APPLICATION TO INCREASE THE NUMBER OF POKER MACHINES BY 20 AT CLUB CENTRAL HURSTVILLE (10/149)QWN016-10 HEALTH OF CREEKS AND WETLANDS EMPTYING INTO GEORGES RIVER (10/1453)
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COUNCIL MEETING
Wednesday, 15th December 2010



CCL265-10

2010 SISTER CITY ACTIVITIES

Report Author/s

Events and Protocol Officer, Ms H Dickenson-Panas

File

09/1425

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

A summary of activities and events organised by Hurstville City Council as part of the Sister City program with Changzhou and Shiroishi from January – December 2010


AUTHOR RECOMMENDATION

The report be received and noted.


REPORT DETAIL

Changzhou Delegation Visits (Thursday, 8 April and Friday, 21 May 2010)
In 2010 Council hosted 2 delegations from its Chinese Sister City, Changzhou. The first took place in April, and consisted of six members including the head of the delegation, Mr Yan Guoqiang, Vice Chairman of the Changzhou Municipal Committee of Chinese People's Political Consultative Conference. The purpose of the visit was to promote further coooperation and exchanges between both Councils in the areas of trade and technolgy. The delegation was taken on a tour of the Hurstville CBD, Oatley Park and Hurstville Golf Course prior to attending a lunch with several Councillors.

The second delegation took place in May and consisted of seven members including the head of the delegation, Mr Zhenghui, Deputy Director of the Changzhou Education Bureau. The purpose of the visit was for the members of the delegation to gain first-hand knowledge and experience of local schools and to exchange ideas with Council and local school principals on education. To this end the delegation was taken on a tour of the state of the art facilities at Georges River College - Oatley Campus and Hurstville City Library. This was followed by an afternoon tea in the General Manager's Office with several Councillors.

Greenleaves Cultural Exchange to Shiroishi (4 – 17 July 2010)
In July, 10 students and 2 chaperones were selected to represent Hurstville City Council as part of the Greenleaves Cultural Exchange to Council’s Japanese Sister City, Shiroishi. The students came from Georges River College – Peakhurst and Penshurst campuses, Beverly Hills Girls High School, Kingsgrove High School and Danebank Anglican School for Girls. The students were chaperoned by two primary school teachers Ms Margot Jacobs and Ms Maree Elchar.

The ten students proved themselves to be great ambassadors for Council and for Australia. The group enjoyed a great taste of Japanese culture and all found their homestay families warm and friendly.

Greenleaves Cultural Exchange to Hurstville (30 July – 4 August 2010)
In early August, 10 students and 2 chaperones from Council’s Japanese Sister City, Shiroishi visited Hurstville for a total of 6 days. The students stayed with local high school students and their families and local residents, Kevin and Marion Smith and Joy and Stuart Ford hosted the chaperones

The visiting students were made to feel very welcome by the Georges River College - Penshurst Girls and Peakhurst Campuses, Kingsgrove High School, St Patricks College, Sutherland and Presbyterian Ladies College, Croydon which they attended for two days. The chaperones also received a tour of the all the schools and were able to take video footage to send back to the Shiroishi City Council.

Wings of Friendship Visit (November 2010)
In late November, Council hosted a Wings of Friendship delegation of 23 citizens and local government officials, including the Mayor of Shiroishi City Council, Mr Kojo Kazama. On their arrival, the delegation hosted a dinner in the Councillors’ Suite for the Mayor, Councillors, the General Manager and members of the local community who have been heavily involved with the student exchange program since its inception. Council reciprocated by organising a cruise on Sydney Harbour to farewell the delegation.

In conclusion, Council once again hosted a number of activities and events which provided a unique opportunity for Council and members of the community to engage in cultural exchanges with Council's Sister Cities, Changzhou and Shiroishi, thereby enhancing the value of Hurstville City Council's Sister City Program.


RESOLUTION - CCL

The report be received and noted.

(Moved Councillor C Hindi / Seconded Councillor S McMahon)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL266-10

ORGANISATIONAL RESTRUCTURE AND INCREASE IN ESTABLISHMENT - INTERNAL AUDITOR

Report Author/s

Internal Auditor / Ombudsman, Mr W Park

File

09/2339

Reason for Report

For approval

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes, outside of existing budget - $110k 2011/2012

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Council at its meeting on 24 November 2010 considered a Notice of Motion from Clr A Wagstaff regarding internal audit. This report outlines the requirements and resources required to implement that decision. It is proposed to increase the establishment by one and increase Council's current budget and the 2011/2012 budget accordingly.


AUTHOR RECOMMENDATION

THAT Council's Organisational Structure be amended and its establishment increased by one separating the duties of Internal Auditor and Internal Ombudsman and the amount of $110k (excluding on-costs) required to implement this decision be included in Council's 2011/12 Program Budget and that Council's 2010/2011 Budget be amended by a pro-rata amount to enable the appointment of an Internal Auditor at the earliest opportunity to be funded from Working Funds Surplus.

THAT the Internal Auditor report functionally to the Audit Committee and administratively to the General Manager through the Internal Ombudsman and a position description, delegations and authorities be developed in accordance with Council's decision of 24 November 2010.

FURTHER THAT the Internal Ombudsman report to the General Manager.


REPORT DETAIL

Council at its meeting on 24 November 2010 considered a Notice of Motion from Clr A Wagstaff regarding internal audit and subsequently resolved as follows:-


Members would be aware that Council must determine an organisational structure pursuant to S332 of the Local Government Act 1993 (LGA). The organisation structure may be re-determined by the Council from time to time. It must be redetermined within 12 months after any ordinary election of the Council.

In determining its organisation structure, the Council must have regard to its charter under section 8 of the LGA. Council must determine an organisation structure that is capable of delivering service functions under Chapter 6 and regulatory functions under Chapter 7 of the LGA.

S333 of the LGA requires Council to review its organisation structure such that it is the most efficient and effective structure possible having considered its responsibilities and resource limitations.

Council in 2009 (FIN055-09, 15 July 2009), resolved to amend its Organisational Structure to incorporate a position of Internal Auditor. Mr Park who was Council's Senior Manager Administration was appointed to the position.

Since the establishment of the Internal Auditor position which also incorporates the position of Internal Ombudsman and Mr Park taking up those duties in February this year, Mr Park has not been able to prioritise any personal internal audit work other than to supervise the outsourcing of major audit projects to the Internal Audit Bureau (IAB) and coordinating meetings of the staff Governance & Risk Management Committee due to other more pressing important operational and urgent priorities. Now with the establishment of the Council's Audit Committee it will be even more difficult for Mr Park to provide the appropriate support required and to carry out the duties as resolved by Council given his other equal important duties.

The current Position Description for the Internal Auditor outlines the primary responsibilities for the role as being:-
The above duties have prevented Mr Park from undertaking one of the primary responsibilities, that being internal audit. Given the numerous duties outlined and the recent resolution of Council (with specific requirements not to undertake duties other than internal audit work), it is proposed to increase Council's establishment by one and separate the duties of Internal Auditor and Internal Ombudsman. The position of Internal Auditor would report functionally to the Audit Committee and administratively to the General Manager through the Internal Ombudsman.

The position of Internal Auditor and having regard to the market, would warrant a remuneration package of $110k pa (excluding on-costs) to attract the most appropriate person for the position. Council's current budget and subsequent budgets would need to be amended to implement Council's decision of 24 November. Further, Council's Organisational Structure would need to be amended to reflect this change.

Members would also be aware that Council has requested the adoption of an Ombudsman program similar to the one currently operating at Sutherland Shire Council and this will be investigated and reported back to Council next year.


RESOLUTION - CCL

THAT Council's Organisational Structure be amended and its establishment increased by one separating the duties of Internal Auditor and Internal Ombudsman and the amount of $110k (excluding on-costs) required to implement this decision be included in Council's 2011/12 Program Budget and that Council's 2010/2011 Budget be amended by a pro-rata amount to enable the appointment of an Internal Auditor at the earliest opportunity to be funded from Working Funds Surplus.

THAT the Internal Auditor report functionally to the Audit Committee and administratively to the General Manager through the Internal Ombudsman and a position description, delegations and authorities be developed in accordance with Council's decision of 24 November 2010.

FURTHER THAT the Internal Ombudsman report to the General Manager.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL267-10

PATRON STATUS FOR THE ST GEORGE AND SUTHERLAND BUSINESS ENTERPRISE CENTRE (BEC)

Report Author/s

Manager Public Relations and Events, Ms Tanya Abraham

File

10/176

Reason for Report

For Council determination

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes - Additional $1,500 (plus GST)

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

The St George and Sutherland Business Enterprise Centre (BEC) has written to Council seeking a final decision in regard to renewing its patron status for 2010/11.


AUTHOR RECOMMENDATION

THAT Council determine its membership of the St George and Sutherland Business Enterprise Centre (BEC).


REPORT DETAIL

Hurstville City Council has been a Patron of the St George and Sutherland Business Enterprise Centre (BEC) since 2001. Rockdale City Council and Kogarah City Council are also Patrons. At the May 2010 board meeting, the BEC Board resolved to increase all membership fees by 20%. The new patronage fee is $9000 (EX GST), an increase of $1,500 (EX GST) from previous years.

On 22 September 2010, Council resolved to not renew its patron status. Following on, the BEC presented at a Councillor workshop on 10 November 2010 requesting Council to reconsider its decision.

On 23 November, the BEC wrote to Council seeking a decision on its patron status. The letter states:


In 2009/10 Council provided an amount of $7500 (EX GST) from Council's Financial Assistance program and in 2010/2011 an amount of $7500 (EX GST) was provided for the BEC Membership.


RESOLUTION - CCL

THAT Council supports patron status of the St George and Sutherland Business Enterprise Centre and that the relevant fees be paid.
(Moved Councillor S McMahon / Seconded Councillor D Perry)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL268-10

PLAN OF MANAGEMENT - MYLES DUNPHY RESERVE

Report Author/s

Director Service Delivery, Mr L O'Connor

File

07/603

Reason for Report

Council's decision on the Plan of Management for the Myles Dunphy Reserve.

Existing Policy?

No

New Policy Required?

No

Financial Implications

Approximately $40,000

Previous Reports Referenced

Yes



EXECUTIVE SUMMARY

Decision to be made by Council regarding the Plan of Management for the Myles Dunphy Reserve.


AUTHOR RECOMMENDATION

THAT the specific Plan of Management for Myles Dunphy Reserve, as detailed in part 4 of Council's Resolution of its meeting of 22 September 2010, be for the Natural Reserve only and not include the former Oatley Bowing Club Site.


REPORT DETAIL

I refer to Report Item CCL186-10 considered by Council at its ordinary meeting of 22 September 2010.

The Resolution made at the meeting is as follows:


Clarification was subsequently sought from Lindsay Taylor Lawyers as to whether the Plan of Management for Myles Dunphy Reserve needed to include the former Oatley Bowing Club Site or specifically the natural areas of Myles Dunphy Reserve.

The advice, in part, states:
Further that


RESOLUTION - CCL

THAT the specific Plan of Management for Myles Dunphy Reserve, as detailed in part 4 of Council's Resolution of its meeting of 22 September 2010, be for the Natural Reserve only and not include the former Oatley Bowing Club Site.
(Moved Councillor S McMahon / Seconded Councillor D Perry)





APPENDIX
Lindsaytaylorlawyers.pdf


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL269-10

QWN013-10 HEALTH OF LOWER GEORGES RIVER

Report Author/s

Manager Engineering Services, Mrs M Whitehurst & Manager Environmental Sustainability, Mr I Curtis

File

10/1453

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

This report is presented to Council is response to Councillor Wagstaff's question relating to the Health of Lower Georges River.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAIL

Councillor Wagstaff asked the following Question with Notice at the November 2010 Council Meeting:

The following information addresses each of Councillor Wagstaff queries.What plans does Council have to remediate the issues raised in the report?In general terms, the results for the four sites located within the Hurstville LGA (estuary and creek sites located at both Myles Dunphy Reserve and Lime Kiln Bay) reflect the highly urbanised nature of the catchments. In each case, they have been fully developed, paved and piped to the extent were the only remnants of natural flow conditions are essentially at the discharge point of the system. This presents a number of challenges in that there is limited space available for treatment devices that need to access a pipe network that is buried and not always easily accessed. Moreover, treating stormwater flows at the end of the system is the least desirable approach as it is at this point where they carry the full contaminant load of the catchment, and often under high flow conditions. As a result, Council staff have been assessing suitable locations within these and other subcatchments throughout the LGA where water sensitive stormwater treatment devices can be installed well upstream of the discharge point. Water sensitive devices include wetlands and surface and subsurface bioretention systems such as the Bundara Reserve raingarden that is currently nearing completion. Within the Lime Kiln Bay and Myles Dunphy Reserve catchments a number of potential sites have also been assessed and are discussed in a separate report submitted to the Service Delivery Committee.

On a more strategic level, staff are currently reviewing Council's Onsite Detention and Drainage Policy, which once complete will provide greater detail on how individual developments within the LGA can temporarily detain, and in some instances treat stormwater flows on site. In time, the policy will also be complemented by specific Development Control Plan (DCP) controls that will reinforce the intent of the policy. These documents will help reduce the volume and improve the quality of stormwater discharges within the LGA, by adopting onsite detention for most developments and water sensitive provisions.

How many Gross Pollutant Traps have been established in Hurstville LGA?

There are approximately 72 in the Hurstville Local Government Area with 60 of these within the Hurstville CBD catchment.

Does Council have a timetable for maintenance and emptying Gross Pollutant Traps within the LGA? If yes, what is that timetable?

All GPT's are on a six-weekly inspection routine or following a major rainfall event.

When unseasonal rainfall occurs as with the recent heavy rain, what plans are in place to empty the Gross Pollutant Traps?

As previously stated, the GPT's are cleaned every six weeks plus after a major rainfall event.

When Lime Kiln Bay Wetlands were established planned regular excavation and cleansing programmes were recommended to ensure water quality. When was the last major excavation and cleansing undertaken?

The GPT traps at the wetlands are cleaned routinely with a bobcat once to twice a month and checked and emptied if required, immediately after any heavy rainfall. (New filter screens were recently installed in June this year on the bottom layer of the large GPT at Lime Kiln Bay).
The sediment ponds were recently dredged of silt build up in June this year also – prior to that, they were dredged approx 5 years ago. In the Lime Kiln Bay Operations and Maintenance Plan it suggests the desilting of the wetlands could be necessary every 7-10 years . However in reality a time frame of approx 3 years would be more appropriate.

When will the next planned programme be implemented for these wetlands?

The next planned desilting of the wetlands will be scheduled for 2013.

Gross Pollutants have been noted flowing through drains and storm waterways from Hurstville, north of the CBD, entering two drainage ways at Bexley Golf Course and then through Bardwell Creek, Wolli Creek, Cooks River into Botany Bay. What action will Council take to remove Gross Pollutants from the stormwater run-off from Hurstville CBD before it travels into Rockdale City Council area?

As discussed above, there are 60 GPT's within the Hurstville CBD. Again, the entire catchment area has essentially been fully developed and the majority of the stormwater infrastructure (pipes etc.) located underground. However, staff have identified several areas of publicly owned open space where water sensitive devices (eg raingardens etc) could be installed. These include the Hurstville Oval (as part of any future upgrade of the site), Emma Edwards Reserve, Croot Park and Woodville Park. Further modelling of these sites will be undertaken to determine their efficiency in terms of removing gross pollutants, nutrients and sediment from stormwater flows. Pending the outcomes of this analysis and the availability of funding Council may choose to install an appropriate device at one of these locations. However, this would also be dependent on some sort of cost benefit assessment in terms of the costs involved and the environmental outcomes achieved compared to other locations throughout the LGA. In this regard, it is likely that Council would choose to install devices where the benefit cost is maximised.


RESOLUTION - CCL

THAT the information be received and noted.

FURTHER THAT the issues raised by Mr Shaw be investigated.
(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL270-10

QWN014-10 FEASIBILITY STUDY TO IDENTIFY CYCLE PATH/ROUTE BETWEEN BOTANY BAY AND OATLEY PARK

Report Author/s

Manager Infrastructure Planning, Mr Oman Wijayaratna

File

08/635

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Councillor Wagstaff has requested information in regard to Hurstville City Council's involvement in the study conducted by Kogarah and Rockdale City Councils at the feasibility of having a cycle route to travel safely between Botany Bay and Oatley Park.


AUTHOR RECOMMENDATION

THAT the report be received and noted.


REPORT DETAIL

Councillor Wagstaff ‘s enquiry relates to a feasibility study currently undertaken by Kogarah City Council and Rockdale City Council to develop a local cycle network to promote and encourage cycling as a viable form of transport. The aim of this Study is to review prior planning documentation regarding local cycling routes and then examine the feasibility of linking the Botany Bay Trail in the east to the Oatley/Como cycle-way in the west, and also providing links to local recreational areas close to the potential cycle-way routes.

Hurstville City Council is not directly involved in this study. As part of the above study, no detailed study of potential routes within Hurstville City Council area has been identified. However, the Project Manager of this study, the Road Safety Officer of Kogarah City Council has assured Council that the study team will consult Hurstville City Council in regard to potential access points and streets that cross the Local Government Area borders of Hurstville LGA. Accordingly, input from Hurstville City Council will be factored in when identifying cycle routes within Kogarah and Rockdale LGAs. Kogarah City Council and Rockdale City Council are planning to use the findings of this study as a basis for cycle-way construction in the future. Some of the information can be used by Hurstville City Council to improve Hurstville Bicycle Network.

The subject study is scheduled to be completed by the end of May 2011.


RESOLUTION - CCL

THAT the report be received and noted.

(Moved Councillor S McMahon / Seconded Councillor A Wagstaff)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL271-10

QWN10-03 - CLR W PICKERING - GENERAL MANAGER'S MONETARY REIMBURSEMENTS

Report Author/s

Ms K Garske

File

10/2361

Reason for Report

For information

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Councillor W Pickering at the 24 February 2010 Council meeting requested that a report detailing all reimbursements made to the General Manager during the twelve (12) month period from March 1 2009 to March 1 2010 be submitted to the March 2010 Council meeting.

This report now addresses that question.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAIL

The following Question Without Notice by Councillor W Pickering was raised at the Council Meeting held on 24 February 2010:
"that a report detailing all reimbursements made to the General Manager during the twelve (12) month period from March 1 2009 to March 1 2010 be submitted to the March 2010 Council meeting."

A report detailing these reimbursements is appended.


RESOLUTION - CCL

THAT the information be received and noted.

FURTHER THAT Council at its next workshop sends a report to Council regarding the policy on reimbursements, corporate cards and other expenses.

(Moved Councillor C Hindi / Seconded Councillor S McMahon)





APPENDIX
V Lampe Reimbursements 1-03-09 to 01-03-10 - Report.pdf


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COUNCIL MEETING
Wednesday, 15th December 2010



CCL272-10

TENDER FOR THE EXPANSION OF THE HURSTVILLE AQUATIC LEISURE CENTRE

Report Author/s

Manager Engineering Services, Mrs M Whitehurst & Manager Contracts, Mrs S Geadah

File

10/1819

Reason for Report


Existing Policy?


New Policy Required?


Financial Implications


Previous Reports Referenced



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 tender prices and 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.



RESOLUTION - CCL

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 prices and 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 A Istephan)





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Confidential
COUNCIL MEETING
Wednesday, 15th December 2010

CCL273-10LEGAL MATTER - FREDERICK AVENEUE BEVERLY HILLS
Report Author(s)Financial Control and Risk Manager, Ms M Chew
File10/1319
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsNil
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 legal advice and pursuant to Sub Clause (2)(g) are regarded as being advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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



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 legal advice and pursuant to Sub Clause (2)(g) are regarded as being advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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

(Moved Councillor S McMahon / Seconded Councillor A Istephan)





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COUNCIL MEETING
Wednesday, 15th December 2010


CCL274-10

EXCLUSION OF NOTICE OF MOTION FROM BUSINESS PAPER

Report Author/s

Internal Auditor / Ombudsman, Mr W Park

File

08/2263



EXECUTIVE SUMMARY

Councillor Wagstaff and Councillor Giegerl submitted a Notice of Motion for consideration at the last Council Meeting (24 November 2010). In accordance with Clause 240(2) of the Local Government (General) Regulation 2005 the General Manager excluded the Motion from inclusion in the Council's business paper for that meeting.

The General Manager upon exercising this power must report the matter to the next meeting of Council.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

Councillor Wagstaff and Councillor Giegerl submitted a Notice of Motion for consideration at the last Council Meeting (24 November 2010). In accordance with Clause 240(2) of the Local Government (General) Regulation 2005 the General Manager excluded the Motion from inclusion in the Council's business paper for that meeting.

Clause 240(2) states:-


Councillors were advised via their Portal on 19 November 2010 of the action taken by the General Manager to exclude the Notice of Motion from the business paper.


RESOLUTION - CCL

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





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010
Addendum



CCL275A-10

QWN10-15 - CLR C HINDI - CORPORATE CREDIT CARD - FORMER MAYOR'S PERSONAL ASSISTANT

Report Author/s

Manager, Corporate Governance & Records, Ms K Garske

File

10/297

Reason for Report

For information

Existing Policy?

Yes

New Policy Required?

No

Financial Implications

Nil

Previous Reports Referenced

No



EXECUTIVE SUMMARY

Councillor Hindi at the Council meeting held on 24 February 2010 requested that a report be submitted to the next Council meeting detailing reimbursements made to the former Mayor and his Personal Assistant for the past four years, along with copies of the corporate credit card statements. This report now addresses that question.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAIL

The following Question Without Notice by Councillor C Hindi was raised at the Council Meeting held on 24 February 2010:

"THAT a report be submitted to the next Council meeting detailing reimbursements made to the former Mayor (Clr Vince Badalati) and his Personal Assistant (Mrs Wendy Briggs) for the past four years, along with copies of the corporate credit card statements".

A report detailing these reimbursements, and copies of the relevant credit card statements are appended.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor C Hindi / Seconded Councillor S McMahon)





APPENDIX
WB Card Statements.pdfPetty Cash and Reimbursements - WB and VB.pdf


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COUNCIL MEETING
Wednesday, 15th December 2010
Addendum



CCL276A-10

QWN08-10 - CLR A WAGSTAFF - COST OF COUNCILLOR WEEKEND WORKSHOP NOVEMBER 2010

Report Author/s

Internal Auditor / Ombudsman, Mr W Park

File

10/1543

Reason for Report

For information

Existing Policy?

No

New Policy Required?

No

Financial Implications

Yes, within existing program budget

Previous Reports Referenced

No



EXECUTIVE SUMMARY

At the 24 November 2010 Council meeting Clr A Wagstaff submitted the following question regarding the cost of the Councillor Weekend Workshop held in November 2010.

"Could I please be advised the total cost of the Councillor Weekend Workshop at the Terrigal Crowne Plaza Hotel in November 2010, showing details including but not limited to:

a) Friday 5/11/10
• Accommodation
• Refreshments before dinner
• Group dinner
• Dinner allowances paid on a per person basis

b) Saturday 6/11/10
• Accommodation
• Refreshments before dinner
• Group dinner
• Dinner allowances paid on a per person basis

c) Sunday 7/11/10
• Accommodation on a per person basis
• Dinner allowances paid on a per person basis

d) Hire of function room
e) Travel allowances
f) Incidentals on a per person basis"




AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAIL

In response to the questions raised the following table of costs is now provided.



It should be noted that a late cancellation fee of $460 for Clr Wagstaff's non-attendance is included in accommodation amounts above.

The only costs outstanding are travel expenses, and if claimed, will amount to an additional maximum cost of $267.84.

Any costs incurred by partners travelling with Councillors/staff have not been included as these costs will be met by the respective Councillors/staff.


RESOLUTION - CCL

THAT the information be received and noted.

(Moved Councillor S McMahon / Seconded Councillor W Pickering)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010
Addendum


CCL277A-10

RETURN OF THANKS

Report Author/s

Manager Corporate Governance & Records

File

10/31



EXECUTIVE SUMMARY

For the information of Members.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

For the information of Councillors, it is advised that return of thanks have been received from the following:



RESOLUTION - CCL

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





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010




NOM025-10

CONTENTS OF EMAIL FROM CR WONG'S MOBILE PHONE

Report Author(s)

Councillor A Wagstaff & Councillor B Giegerl

File

08/2263



EXECUTIVE SUMMARY

This motion seeks Council to express its concern and regret at the contents and circumstances of an email sent from Councillor Wong's mobile phone, and to reconsider the Code of Conduct complaint that is related to the matter in the light of Council’s concerns.


AUTHOR RECOMMENDATION

THAT Council note that:

a) Cr Wong and the General Manager have been sufficiently concerned at the contents of an email from Cr Wong's mobile phone on 14 June 2010 to Betty Wickens to feel the need to apologise to Mrs Wickens for it;

b) The NSW Ombudsman acknowledged that the contents of the email were "outrageous and unacceptable”.

c) A significant number of residents in the local community have expressed concern at the email.

THAT in view of the above, Council also express its concern and regret at the contents of the email.

FURTHER THAT Council request the General Manager to reconsider the Code of Conduct complaint lodged in relation to this matter.



REPORT DETAILS

Mrs Betty Wickens sent an email to all 12 Councillors at 3.05pm on Monday, 14 June 2010, expressing her concern about some Council matters. Four minutes later, at 3.09pm, Mrs Wickens received a reply from a mobile phone belonging to Cr Clifton Wong, which read, “This must be another stupid bitch from Oatley West.” Mrs Wickens, who lives in Oatley West, did not provide her address in her email. Forty minutes later, Cr Wong emailed Mrs Wickens, stating that his son had been playing with his mobile and had accidentally sent a rude email to her and he apologised sincerely for what had happened.

Mrs Wickens wrote to the General Manager, Mr Lampe alleging a breach of the Code of Conduct by Cr Wong. Mr Lampe apologised to Mrs Wickens on behalf of Council on 19 July 2010. As Mrs Wickens was not happy with Mr Lampe’s response, she wrote again to Mr Lampe, asking for a public apology. Dissatisfied with Mr Lampe’s response to her second complaint, Mrs Wickens then wrote to the NSW Ombudsman, whose investigating officer acknowledged the email was “outrageous and unacceptable” and noted that Mr Lampe had apologised on behalf of Council.

It is noted that a public apology from Cr Wong was published in the St George and Sutherland Shire Leader on 2 November 2010 and on 4 November 2010 Cr Wong, with Mr Lampe visited Mrs Wickens with a bunch of flowers and apologised in person.

On 17 November we lodged a Notice of Motion however Mr Lampe excluded the whole of our motion, because in his opinion the business was unlawful.
Officer's Comment
The Notice of Motion as submitted by Councillors Wagstaff and Giegerl has been amended to delete any reference and details of the previously excluded Notice of Motion as referred to in this paper.


RESOLUTION - CCL

THAT Council notes:

a) Cr Wong and the General Manager have been sufficiently concerned at the contents of an email from Cr Wong's mobile phone on 14 June 2010 to Betty Wickens to feel the need to apologise to Mrs Wickens for it;

b) The entire contents of the NSW Ombudsman's response;

c) A significant number of residents in the local community have expressed concern at the email.

THAT in view of the above, Council also express its concern and regret at the contents of the email.

FURTHER THAT no further action be taken.

(Moved Councillor S McMahon / Seconded Councillor C Hindi)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010




NOM026-10

FOOD INSPECTIONS

Report Author(s)

Councillor A Wagstaff

File

10/317



EXECUTIVE SUMMARY

This motion seeks Council to consider a proposal for a program that would enable Council to improve its performance in relation to food inspections recommended by NSW Food Authority.


AUTHOR RECOMMENDATION

THAT in the next budget review Council receives a proposal for a program that would enable Council to improve its performance in relation to food inspections recommended by NSW Food Authority.


REPORT DETAILS

Current legislation categorises food premises into 4 risk types - ranging from low to high. Council is required by law to inspect high and medium categories at least once a year. On 26 May 2009 Primary Industries Minister Ian Macdonald said, “Currently around 50,000 inspections are carried out across NSW annually, so in practice, every food premises should be inspected at least once each year.” http://www.foodauthority.nsw.gov.au/aboutus/media%2Dreleases/mr%2D26%2Dmay%2D09%2Dname%2Dand%2Dshame%2Dlist%2Dgrows%2Dacross%2Dnsw/

Councils are required to report periodically on their food regulatory activities to the NSW Food Authority, which publishes summaries of the activity reports at http://www.foodauthority.nsw.gov.au/localgovernment/food%2Dregulation%2Dpartnership/activity%2Dreports/#July-2008---June-2009-


Between 1 January 2009 and 30 June 2009 Council had 489 high risk and medium risk food businesses which required mandatory inspection. Council conducted 186 primary inspections in this six month period. A primary inspection means any planned, programmed or routine inspection, and does not include re-inspection for any identified unsatisfactory inspection. Only 82 of these primary inspections were found to be satisfactory. That is, only 44% were found to be satisfactory. Of the 102 food premises requiring re-inspection, only 66 were found to be satisfactory after re-inspection. Council had only 0.5 Full Time Equivalent authorized officers engaged in food regulatory work in this six month period, ie the amount of time the officers spent in undertaking food regulatory work in relation to a full-time officer

Between 1 July 2009 and 30 June 2010 Council had 461 medium and high risk food premises which required mandatory inspection. However Council conducted only 277 primary inspections in this period. Only 69 of these primary inspections were found to be satisfactory. That is, only 25% were found to be satisfactory. Of the 208 food premises requiring re-inspection, only 103 were found to be satisfactory after re-inspection.

Council received and investigated 62 complaints. Thirty (30) of these complaints were in relation to hygiene and handling, 9 to foreign matter, 8 to food quality including deterioration and 2 to labelling with 13 to other issues. 40 improvement notices were issued, 208 warning letters were issued, 8 prohibition orders were served and 48 penalty notices were issued. Only 0.5 Full Time Equivalent authorised officer was engaged in food regulatory work over this 12 month period.

Kogarah Council, which had 225 high and medium risk businesses in its LGA in the same period, had 3 FTE authorised officers engaged in food regulatory work.

Rockdale Council, which had 402 high and medium risk businesses in its LGA in the same period, had 1.4 FTE authorised officers engaged in food regulatory work.

Blue Mountains Council, which had 469 high and medium risk businesses in its LGA in the same period, had 2 FTE authorised officers engaged in food regulatory work.

Willoughby Council, which had 496 high and medium risk businesses in its LGA in the same period, had 3 FTE authorised officers engaged in food regulatory work.

I understand two Environmental Health Officers left recently and note that in November 2010 Council advertised for Environmental Health Officers for two full-time positions. Responsibilities of these new positions include the carrying out of inspections relating to environmental and public regulatory health issues as well as inspecting food premises and managing Council’s food inspection database.



RESOLUTION - CCL

THAT the matter be deferred to a future meeting.

(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)





APPENDIX


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COUNCIL MEETING
Wednesday, 15th December 2010




NOM027-10

ILLAWARRA CATHOLIC CLUB'S LOCAL IMPACT ASSESSMENT APPLICATION TO INCREASE THE NUMBER OF POKER MACHINES BY 20 AT CLUB CENTRAL HURSTVILLE

Report Author(s)

Councillor A Wagstaff

File

10/149



EXECUTIVE SUMMARY

This motion seeks Council's opposition to Illawarra Catholic Club’s Local Impact Assessment application lodged with the Office of Liquor, Gaming and Racing on 11 November 2010 to increase the number of poker machines by 20 at Club Central Hurstville.


AUTHOR RECOMMENDATION

THAT Council opposes Illawarra Catholic Club’s Local Impact Assessment application lodged with the Office of Liquor, Gaming and Racing on 11 November 2010 to increase the number of poker machines by 20 at Club Central Hurstville.


REPORT DETAILS

As part of the application and guidelines provided by the Casino Liquor and Gaming Control Authority, the Illawarra Catholic Club (ICC) is obliged to provide Council with a copy of the application. Council received a copy of this application on 12 November 2010. However Councillors were not provided a copy of this application until twelve (12) days later on 24 November, when we were advised, “As Council only has 30 days within which it must make a submission, this matter cannot be reported to Council and a submission made within this period. Any submission will need to be made under the General Manager’s delegations.”

However, given the OLGR’s website indicates that the closing date for submissions is 23/12/10, this matter can be reported to Council and a submission be made within the submission period.

I note that following my questions, Councillors have since been advised, “On the weight of Councillor comments received at that date the Mayor has instructed that we object to the application and that the objection letter be reported to Council. “ and that a letter of objection will be drafted for the General Manager’s signature, and “The objection letter will be posted as soon as possible and reported to PPE or Council as time permits.”

It is to be noted that the ICC’s Local Impact Assessment (LIA) application to increase the number of poker machines at Club Central Hurstville (Club) by 20 does not indicate the number of existing poker machines at the Club. I understand the Club currently has 253 poker machines.


I note the summary of reasons provided by the Club to support its LIA application, include:

• The increase is required to meet extra demands during peak trading times.

My comment: Rather than increase the number of machines, perhaps the Club could diversify the range of entertainment available to reduce the demand on poker machines during peak times. I note the food sales for 2010 were more than halved from the previous year. As an alternative, players could be encouraged to have a meal whilst waiting to play.

• The people of NSW will benefit through increase in gaming revenue taxation receipts and the Club's base level CDSE expenditure will also increase.

My comment: It is my view that we should be working towards ensuring that the state operational budget is not dependent on gambling revenue and that only a relatively small proportion of government revenue should come from gambling.

• The Club's CDSE expenditure has always been in excess of annual requirements and if this application is approved then the Club will commit an extra $55,000 per year for 2 years to assist local schools with Positive Solutions, an innovative and interactive anti-bullying program established by the "Enough is Enough Anti-Violence Movement Inc."

My comment: Given that the Club almost doubled its gaming net revenue of $11,377,322 in 2009 to $21,382,232 in 2010 I fail to see how the Club needs to increase the number of poker machines in order to provide $55,000 per year for 2 years to assist schools with the program, Positive Solutions. It appears it is already within the Club’s means to do so.

In essence the ICC’s Local Impact Assessment application lacks balance as there is no mention of the detrimental impacts of poker machine gambling. As well as not mentioning the number of poker machines already existing in the Club, there is also no discussion of the numbers of poker machines already in the local area and the socio- economic status of the Hurstville LGA, in particular the Hurstville City Centre, where the Club is located.

In this regard, my research shows there is already a higher density of poker machines in the Hurstville City Centre compared to the rest of the Hurstville LGA. Higher densities of poker machines in an area are likely to create more problem gambling. (Productivity Commission Inquiry Report on Gambling Volume 2. No. 50, 26 February 2010, page i.3)

Further, Council’s own website indicates that Hurstville LGA is the 17th most disadvantaged out of 43 LGA’s in the Sydney Statistical Division, and that the Hurstville City Centre, where the Club is located, is the area with the greatest socioeconomic disadvantage of all the suburbs within the Hurstville LGA.

Accordingly, because poker machines are concentrated in this area of relative social and economic disadvantage, I believe the social and health costs of this increase in gambling would disproportionately affect this community.


RESOLUTION - CCL

THAT Council opposes Illawarra Catholic Club’s Local Impact Assessment application lodged with the Office of Liquor, Gaming and Racing on 11 November 2010 to increase the number of poker machines by 20 at Club Central Hurstville, in line with the last four paragraphs of the report.

(Moved Councillor A Wagstaff / Seconded Councillor B Giegerl, OAM)





APPENDIX


Print
COUNCIL MEETING
Wednesday, 15th December 2010


QWN016-10

HEALTH OF CREEKS AND WETLANDS EMPTYING INTO GEORGES RIVER

Author/s

Councillor A Wagstaff

File

10/1453



COUNCILLOR QUESTION

Has Council had chemical analysis undertaken into the water quality of Boggywell Creek, Lime Kiln Bay North Arm and Lime Kiln Bay East arm and the creek running into Gungah Bay from Myles Dunphy Reserve?

I understand this creek system has had over twenty years history of contamination from the local industrial areas and a past sewer farm. Accordingly, what action has Council taken to eliminate these contamination issues?



OFFICER RESPONSE




COUNCILLOR BACKGROUND






APPENDIX