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COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 15th December 2010


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 S McMahon
Councillor D Perry
Councillor W Pickering
Councillor A Wagstaff


Council Staff

General Manager, Mr V Lampe
Director Administration, Mr J Tripp
Director Planning & Development, Mr B Daintry
Director Service Delivery, Mr L O'Connor
Internal Auditor / Ombudsman, Mr W Park
Manager Environmental Services, Mr G Dickens
Manager Engineering Services, Ms M Whitehurst
Manager Library Museum Gallery, Ms R Schulz
Media & Communications Officer, Ms A Gregory-Desmond
Manager Corporate Governance & Records, Ms K Garske
Manager Environmental Sustainability, Mr I Curtis
Manager MIS, Ms F Segovia
Governance Officer, Mr H Cavill



OPENING

His Worship the Mayor, Councillor P Sansom opened the meeting at 7:44 pm.

Following the National Anthem, the meeting was led in the Opening Prayer by The Reverend Frank Langford - Riverside Christian Church.

His Worship the Mayor, Councillor P Sansom stated "Council acknowledges 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

Apologies for the inability to be present were tendered on behalf of Councillor N Liu and Councillor C Wong.

Minute No. 382
RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Councillor C Hindi / Seconded Councillor W Pickering)


MAYORAL MINUTE

Councillors, tonight’s Mayoral Minute relates to three items.
  1. As part of our democratic process, Hurstville Council invites members of the community to speak at Council meetings about items on the agenda. To enable a wide cross-section of the community to have their say I propose commencing in 2011, that Council reduces the number of speakers to a maximum of four speakers per meeting, and that an individual can only address Council and Standing Committee meetings three times per calendar year with a limit of three minutes on each occasion. This change will have minimal affect as recent data indicates more than 90 per cent of people who speak at Council meetings do so only once or twice each year. By making this change, I feel it will create more opportunities for other community members to get involved and encourage a wider representation of the Hurstville community at Council meetings. I would also like to propose that each quarter commencing in 2011, that Council invites an executive committee of a local community group to join Council for dinner prior to its meeting. This would enable an opportunity for local community groups to discuss issues of concern and further promote an open dialogue between Council and community organisations.
  2. In relation to Councillor workshops, I propose commencing in 2011, that Councillor workshops be rescheduled to occur after the Standing Committee meeting to allow greater flexibility, financial cost savings and it will essentially free up a Wednesday evening to be available should the need arise for a specific meeting or additional detailed workshop.
  3. 21-35 Treacy Street, Hurstville, under Part 3A of the Environment Planning and Assessment Act 1979, the Department of Planning have now placed this on public exhibition until Friday, 11 February 2011. I propose that Council during the public exhibition period make a comprehensive submission referencing Council’s existing Development Controls and issues surrounding this development application. I encourage my fellow Councillors to view the plans and provide their feedback.

As this is our last meeting for 2010, I would like to take the opportunity to wish all the Councillors and Council staff and the members of the public a Merry Christmas and a Happy New Year. Looking back over Council’s achievements, 2010 has been another successful year. I would like to say thank you to my fellow Councillors and Council staff for your perseverance and hard work over the past 12 months.

I think we’re all ready for a well deserved break before we return in 2011 which is shaping up to once again be a most productive year. A number of key projects will be completed in 2011 including the Hurstville Transport Interchange and pedestrian access link, the expansion of the Hurstville Aquatic Leisure Centre, and the revitalisation of Central Plaza in the CBD, along with the development of the Hurstville Community Strategic Plan 2021. Additionally, Council will continue to fulfil its commitment to providing high quality roads, footpaths, parks, sporting fields and facilities in the suburbs throughout 2011.

So I encourage you to take some time off over the holiday season to recharge and spend some quality time with family and friends enjoying this special time of year.

I look forward to working with you in 2011 and on behalf of my fellow Councillors I wish our community a very Merry Christmas and a prosperous New Year.

I move reception of the minute.

Motion:
THAT the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor P Sansom / Seconded Councillor A Istephan)

Further to discussion, the following amendment was accepted by His Worship the Mayor, Councillor P Sansom and Councillor A Istephan.

Minute No. 383
RESOLVED THAT the Mayoral Minute be separated, and the first paragraph and remaining paragraphs be voted on as two separate items.
(Moved Councillor V Badalati / Seconded Councillor A Wagstaff)

Minute No. 384
THAT the first paragraph of the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor P Sansom / Seconded Councillor A Istephan)
The motion on being put was declared carried on voices and a show of hands. A division was requested by Councillors A Wagstaff and accepted by His Worship the Mayor, Councillor P Sansom.


    For:

    His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor S McMahon, Councillor J Jacovou, Councillor C Hindi, Councillor D Perry

    Against:

    Councillor B Giegerl, Councillor V Badalati, Councillor W Pickering, Councillor A Wagstaff

Upon the division being recorded the motion was declared carried.

Minute No. 385
THAT the remaining paragraphs of the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor P Sansom / Seconded Councillor A Istephan)
It was noted that this was carried unanimously.


MATTERS OF PRIVILEGE

Condolences
There were no condolences reported.

Other matters
Councillor A Wagstaff congratulated the volunteers in the community for their work throughout the year. She commented on the success of the Council Volunteer Awards night, and thanked the Mayor for his presence. Councillor Wagstaff also congratulated the schools of the area following her attendance at several successful presentation days, including St Joseph's Primary School, Riverwood. Councillor Wagstaff spoke to the fine contribution of parents, students and teachers on the success of these occasions.

Councillor W Pickering congratulated the students and teachers of Peakhurst Public School and Peakhurst High School following their successful presentation days.

Councillor B Giegerl then passed on Council's best wishes to Valma McDonald, former Mayoress of Hurstville City Council, who has just been released from hospital after a fall. Councillor Giegerl requested Council send flowers and a "Get Well" card.

Councillor C Hindi passed on Council's best wishes to Ms Tanya Abraham's husband, who has recently left hospital.

Councillor D Perry spoke to the contribution of Mr Phil Bates to the community after a successful NSW bicycle event. Councillor Perry also congratulated Penshurst Marist Brothers on a successful presentation day.

Councillor J Jacovou congratulated Councillor A Wagstaff on her preselection to contest the seat of Oatley at the upcoming NSW State Election.

Further to his comments, Councillor W Pickering also 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. 386
MATTER OF URGENCY - PEAKHURST RSL WAR MONUMENT APPLICATION FEES

THAT Council waive the application fees for Peakhurst RSL's construction of a War Monument.
(Moved Councillor W Pickering / Seconded Councillor S McMahon)

It was noted that this was carried unanimously.

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

His Worship the Mayor, Councillor P Sansom declared a non-pecuniary non-significant interest in FIN075A-10 2011 Australia Day Botany Bay Regatta as he is Council's delegate to the committee which runs the event. He notified Council that he will leave the room when the item is considered.

Councillor S McMahon declared a non-significant, non-pecuniary interest in PPE033-10 Illawarra Catholic Club - Club Central Hurstville - Class 1 Local Impact Assessment (LIA) Requesting a Poker Machine Threshold Increase of 20 Poker Machines and NOM027-10 Illawarra Catholic Club's Local Impact Assessment Application to Increase the Number of Poker Machines by 20 at Club Central Hurstville as he is employed by the State Minister for Gaming and Racing.


SPEAKERS
The following persons from the public gallery addressed the Council:
Mr Kim Wagstaff:CCL266-10 Organisational Restructure and Increase in Establishment - Internal Auditor
Mr Wagstaff wished to have it recorded that he has no private interest in this matter.

It was noted that Councillor A Istephan and Councillor D Perry left the Chamber at 8:25pm.
Ms Melina Amerasinghe:CCL268-10 Plan of Management - Myles Dunphy Reserve
Mr Graham Lalchere:CCL268-10 Plan of Management - Myles Dunphy Reserve
Mr Paul Gage: CCL270-10 QWN014-10 Feasibility Study to Identify Cycle Path/Route between Botany Bay and Oatley Park
Mr Brian Shaw:CCL269-10 QWN13-10 Health of Lower Georges River
QWN016-10 Health of Creeks and Wetlands Emptying into Lower Georges River
Ms Vicky Bolling:CCL274-10 Exclusion of Notice from Business Paper
It is noted that Ms Bolling stood to speak on the item but declined to address Council following comments from the Mayor.
Ms Margaret Ward:CCL271-10 QWN10-03 General Manager's Monetary Reimbursements

It was noted that Councillor A Istephan and Councillor D Perry returned to the Chamber at 8:44pm.

Minute No. 387
CCL277A-10 RETURN OF THANKS (10/31)
RESOLVED THAT the information be received and noted.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

MINUTES OF PREVIOUS MEETINGS

Minute No. 388
CCL278A-10 MINUTES: FINANCE PROPERTY & PROJECTS COMMITTEE - 15/12/2010 (09/1213)
RESOLVED THAT the Minutes of the Finance, Property and Projects Committee held on the 15 December 2010 be adopted, with the exception of FIN075A-10 Australia Day Botany Bay Regatta.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)
His Worship the Mayor, Councillor P Sansom then left the Chamber at 8:48pm as he had declared an interest in item FIN075A-10. The Deputy Mayor, Councillor C Hindi, took the Chair for voting on the following item.

Minute No. 389
FIN075A-10 2011 AUSTRALIA DAY BOTANY BAY REGATTA (10/1648)
RESOLVED THAT Council donate $750 from 1600.48055 Council Memberships to the Australia Day Botany Bay Regatta Committee to assist with the Australia Day activities in 2011.

FURTHER, THAT the nomination of two representatives to participate in the Councillors Challenge be jointly made by the Mayor and General Manager.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)

The Deputy Mayor, Councillor C Hindi, then vacated the Chair, and His Worship the Mayor, Councillor P Sansom returned to the Chamber at 8:49pm.

Minute No. 390
CCL279A-10 MINUTES: POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE - 15/12/2010 (09/1216)
RESOLVED THAT the Minutes of the Policy, Planning, Environment & Master Plan Implementation Committee held on the 15 December 2010 be adopted, with the exception of PPE033-10 Illawarra Catholic Club - Club Central Hurstville - Class 1 Local Impact Assessment (LIA) Requesting a Poker Machine Threshold Increase of 20 Poker Machines
(Moved Councillor A Istephan / Seconded Councillor C Hindi)
Minute No. 391
PPE033-10 ILLAWARRA CATHOLIC CLUB - CLUB CENTRAL HURSTVILLE - CLASS 1 LOCAL IMPACT ASSESSMENT (LIA) REQUESTING A POKER MACHINE THRESHOLD INCREASE OF 20 POKER MACHINES (10/149)
RESOLVED THAT the report be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)
As he had declared an interest in this item, Councillor S McMahon left the Chamber at 8:52pm. Councillor S McMahon did not participate in discussion or debate on this item and returned to the Chamber at 9:06pm at conclusion of voting.

Minute No. 392
CCL280A-10 MINUTES: SERVICE DELIVERY CHILD CARE POLICY & SENIOR CITIZENS POLICY COMMITTEE - 15/12/2010 (09/1215)
RESOLVED THAT the Minutes of the Service Delivery, Child Care Policy & Senior Citizens Policy Committee held on 15 December 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor D Perry )
The resolutions for all Committee items are included in the Appendix to these Council Minutes.


Minute No. 393
CCL264-10 MINUTES: COUNCIL MEETING - 24/11/2010 (09/1229)RESOLVED THAT the Minutes of the Council Meeting held on the 24 November 2010 be adopted.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)
Amendment
THAT the Minutes be adopted with the following changes to the circulated draft:
"Councillor Wagstaff then moved that the following motion be placed on the agenda as a matter of urgency under Cl 17(3) of Council's Code of Meeting Practice: "That Council condemns the contents and circumstances of an email sent for Cl Wong's mobile phone that insulted the women of Oatley West". However, Councillor Wagstaff was not allowed to have the opportunity to establish why the matter was urgent, and the Chairperson ruled the matter out of order" to replace "Councillor Wagstaff then proposed a motion as a matter of urgency, however as urgency could not be established this was deemed out of order."
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)

The amendment was lost.

It was noted that Councillor Wagstaff requested her name be recorded as voting against the motion.

COUNCIL ITEMS

Minute No. 394
CCL265-10 2010 SISTER CITY ACTIVITIES (09/1425)
RESOLVED The report be received and noted.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

It was noted that Councillor Wagstaff requested her name be recorded as voting against the motion.


Minute No. 395
CCL266-10 ORGANISATIONAL RESTRUCTURE AND INCREASE IN ESTABLISHMENT - INTERNAL AUDITOR (09/2339)
RESOLVED 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)

The motion on being put was declared carried on voices and a show of hands. A division was requested by Councillors A Wagstaff and V Badalati.


    For:

    His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor S McMahon, Councillor J Jacovou, Councillor C Hindi, Councillor D Perry

    Against:

    Councillor B Giegerl, Councillor V Badalati, Councillor W Pickering, Councillor A Wagstaff

Upon the division being recorded the motion was declared carried.

Minute No. 396
CCL267-10 PATRON STATUS FOR THE ST GEORGE AND SUTHERLAND BUSINESS ENTERPRISE CENTRE (BEC) (10/176)
RESOLVED 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)

It was noted that this was carried unanimously.


Minute No. 397
CCL268-10 PLAN OF MANAGEMENT - MYLES DUNPHY RESERVE (07/603)
RESOLVED 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)

The motion on being put was declared carried on voices and a show of hands. A division was requested by Councillors A Wagstaff and C Hindi.


    For:

    His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor S McMahon, Councillor J Jacovou, Councillor D Perry, Councillor B Giegerl, Councillor V Badalati, Councillor W Pickering

    Against:

    Councillor C Hindi, Councillor A Wagstaff

Upon the division being recorded the motion was declared carried.

It was noted that Councillor Wagstaff requested her name be recorded as voting against the motion.

The Mayor called an adjournment at 9:20pm.

The meeting recommenced at 9:35pm, with the exception of Councillor D Perry, who returned to the Chamber at 9:40pm

Minute No. 398
CCL269-10 QWN013-10 HEALTH OF LOWER GEORGES RIVER (10/1453)
RESOLVED THAT the information be received and noted.

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

It was noted that this was carried unanimously.


Minute No. 399
CCL270-10 QWN014-10 FEASIBILITY STUDY TO IDENTIFY CYCLE PATH/ROUTE BETWEEN BOTANY BAY AND OATLEY PARK (08/635)
RESOLVED THAT the report be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Wagstaff)
It was noted that this was carried unanimously.


CCL271-10 QWN10-03 - CLR W PICKERING - GENERAL MANAGER'S MONETARY REIMBURSEMENTS (10/2361)
Motion:
THAT the information be received and noted.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

Amendment
THAT the information be received and noted.

FURTHER THAT a report be made to Council detailing all reimbursements made to the General Manager from 22/09/08 to 28/02/09 and from 02/03/10 to 15/12/10.
(Moved Councillor W Pickering / Seconded Councillor A Wagstaff)
The amendment on being put was declared lost on voices and a show of hands. A division was requested by Councillors A Wagstaff and B Giegerl.


    For:

    Councillor B Giegerl, Councillor V Badalati, Councillor W Pickering, Councillor A Wagstaff

    Against:

    His Worship the Mayor, Councillor P Sansom, Councillor A Istephan, Councillor S McMahon, Councillor J Jacovou, Councillor C Hindi, Councillor D Perry

Upon the division being recorded the amendment was declared lost.

The Mayor called an adjournment at 10:23pm during consideration of this item.

The meeting recommenced at 10:31pm.

With the consent of Councillor C Hindi, Councillor S McMahon moved a foreshadowed motion which became the motion.

Minute No. 400
Motion:
RESOLVED 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)

It was noted that this was carried unanimously.


PROCEDURAL MOTION
Minute No. 401
RESOLVED THAT a 30 minute extension of time be granted to continue with the Council agenda.
(Moved Councillor B Giegerl / Seconded Councillor A Wagstaff)



His Worship the Mayor, Councillor P Sansom read out the following statement as to why items CCL272-10 and CCL273-10 should be considered in Closed Council Meeting in accordance with Section 10D of the Local Government Act:
  1. In the case of item CCL272-10 that deals with property matters, the practice of revealing commercial details may confer unfair advantage to parties and/or prejudice Council's position in any related or subsequent legal proceedings.
  2. In the case of CCL273-10 the item deals with a personal matter, as well as advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.


Minute No. 402
CCL272-10 TENDER FOR THE EXPANSION OF THE HURSTVILLE AQUATIC LEISURE CENTRE (10/1819)
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 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)


Minute No. 403
CCL273-10 LEGAL MATTER - FREDERICK AVENUE BEVERLY HILLS (10/1319)
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 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)


Minute No. 404
CCL274-10 EXCLUSION OF NOTICE OF MOTION FROM BUSINESS PAPER (08/2263)
RESOLVED THAT the information be received and noted.
(Moved Councillor A Wagstaff / Seconded Councillor W Pickering)

It was noted that this was carried unanimously.


CCL275A-10 QWN10-15 - CLR C HINDI - CORPORATE CREDIT CARD - FORMER MAYOR'S PERSONAL ASSISTANT (10/297)
PROCEDURAL MOTION
Minute No. 405
RESOLVED THAT the Motion be put.
(Moved Councillor S McMahon / Seconded Councillor B Giegerl)

Minute No. 406
RESOLVED THAT the information be received and noted.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

It was noted that this was carried unanimously.


Minute No. 407
CCL276A-10 QWN08-10 - CLR A WAGSTAFF - COST OF COUNCILLOR WEEKEND WORKSHOP NOVEMBER 2010 (10/1543)
RESOLVED THAT the information be received and noted.
(Moved Councillor S McMahon / Seconded Councillor W Pickering)


NOTICES OF MOTION

NOM025-10 CONTENTS OF EMAIL FROM CR WONG'S MOBILE PHONE (08/2263)MOTION
THAT Council notes:
  1. 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;
  2. The NSW Ombudsman acknowledged that the contents of the email were "outrageous and unacceptable".
  3. 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.
(Moved Councillor A Wagstaff / Seconded Councillor B Giegerl)

Upon being put the motion was declared lost.

Councillor S McMahon then proposed an alternate motion.

Minute No. 408
RESOLVED THAT Council notes:
  1. Clr 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;
  2. The entire contents of the NSW Ombudsman's response;
  3. 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)
Upon being put the motion was declared carried.

Minute No. 409
PROCEDURAL MOTION

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


Minute No. 410
NOM026-10 FOOD INSPECTIONS (10/317)
RESOLVED THAT the matter be deferred to the next Council meeting.
(Moved Councillor A Wagstaff / Seconded Councillor S McMahon)
Minute No. 411
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)
RESOLVED 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)

As he had declared an interest in this item, Councillor S McMahon left the Chamber at 11:45pm. Councillor S McMahon did not participate in discussion or debate on this item and returned to the Chamber at 11:54pm following conclusion of the voting.

It was noted that Councillor A Istephan left the Chamber at 11:45pm and returned at 11:53pm.

It was noted that Councillor V Badalati left the Chamber at 11:54pm and returned at the commencement of Committee of the Whole.


QUESTIONS WITH NOTICE

Minute No. 412
QWN016-10 HEALTH OF CREEKS AND WETLANDS EMPTYING INTO GEORGES RIVER (10/1453)
This question was taken on notice.



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. 413
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 Staff 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 D Perry)

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

Minute No. 414
PROCEDURAL MOTION

RESOLVED THAT a 15 minute extension of time be granted to continue with the Council agenda.
(Moved Councillor S McMahon / Seconded Councillor C Hindi)

Minute No. 415
COW059-10 TENDER FOR THE EXPANSION OF THE HURSTVILLE AQUATIC LEISURE CENTRE (10/1819)
RESOLVED THAT Council award ProjectCorp Pty Ltd the Tender for the Expansion of the Hurstville Aquatic Leisure Centre.

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

FURTHER THAT Council's Manager Contracts notify in writing the unsuccessful Tenderers, thanking them for their submissions.
(Moved S McMahon / Seconded Councillor C Hindi )
It was noted that this was carried unanimously


COW060-10 LEGAL MATTER - FREDERICK AVENUE BEVERLY HILLS (10/1319)
MOTION
THAT Council meet the cost of the claim as outlined in the report without precedent and subject to a Deed of Release being executed.
(Moved Councillor V Badalati / Seconded Councillor S McMahon)

The motion on being put was declared lost on voices and a show of hands.

Minute No. 416
RESOLVED THAT Council accept the DLA Phillips Fox legal opinion and support the Insurance company's advice to deny the claim.
(Moved Councillor C Hindi / Seconded Councillor J Jacovou )
It was noted that Councillor W Pickering left the Chamber at 12:01pm and returned at 12:09pm.
Minute No. 417
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor C Hindi / Seconded Councillor S McMahon)

OPEN COUNCIL

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

Minute No. 418
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 C Hindi / Seconded Councillor S McMahon)

CONCLUSION

The Meeting was closed at 12:12pm.

Minutes confirmed this 23 day of February, in the year two thousand and eleven.



_____________________________
Chairperson

COUNCIL MEETING

APPENDIX – COMMITTEE ITEMS


FINANCE PROPERTY AND PROJECTS


FIN070-10 YOUTH SPONSORSHIP - CASSANDRA AND JORDAN NADER (10/84)
RESOLVED THAT Council provides a donation in the amount of $250 each under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to assist Cassandra and Jordan Nader attend the 2011 National Futsal Titles.

FURTHER THAT Cassandra and Jordan Nader be requested to submit a report on the results achieved at the 2011 National Futsal Titles.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


FIN071-10 FINANCIAL ASSISTANCE - HURSTVILLE GOLF JUNIOR ENCOURAGE SHIELD TEAM (10/84)
RESOLVED That Council considers providing a donation in the amount of $450 under the provisions of Section 356 of the Local Government Act 1993 to assist the Hurstville Golf Junior Encourage Shield Team.

FURTHER THAT, the Hurstville Golf Junior Encourage Shield Team be requested to submit a report on their results achieved at the Murray Junior Masters in Victoria.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


FIN072-10 NON-RATEABLE LAND CLASSIFICATION - NARWEE BAPTIST CHURCH (10/2401)
RESOLVED That Council grant rate exemption under Section 555 (1)(e)(ii) of the Local Government Act to Narwee Baptist Church in respect of their property located at 9A Hedley Street, Riverwood.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


FIN073-10 NON-RATEABLE LAND CLASSIFICATION - SDN CHILDREN'S SERVICES INC (10/2401)
RESOLVED That Council grant rate exemption under Section 555 (1)(f) and Section 556 (1)(h) of the Local Government Act to Sydney Day Nursery (SDN) Children’s Services Inc in respect of their property located at 155 Dora Street Hurstville from 1 July 2010.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


FIN074-10 CERTIFICATE OF CASH & INVESTMENTS AS AT 30 NOVEMBER 2010 (10/60)
RESOLVED THAT the report be received and noted.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)


FIN075A-10 2011 AUSTRALIA DAY BOTANY BAY REGATTA (10/1648)
RESOLVED THAT Council donate $750 from 1600.48055 Council Memberships to the Australia Day Botany Bay Regatta Committee to assist with the Australia Day activities in 2011.

FURTHER, THAT the nomination of two representatives to participate in the Councillors Challenge be jointly made by the Mayor and General Manager.
(Moved Councillor S McMahon / Seconded Councillor A Istephan)



POLICY PLANNING ENVIRONMENT AND MASTER PLAN IMPLEMENTATION COMMITTEE

PPE032-10 DRAFT STORMWATER DRAINAGE POLICY AND FLOOD CONTROL MAP FOR PUBLIC EXHIBITION (08/1030)
RESOLVED THAT Council endorse the Public Exhibition of the Draft Stormwater Drainage Policy for a period of no less than twenty-eight days, commencing February 2011.

THAT Council refer the Draft Stormwater Drainage Policy to Council's solicitors together with a Draft Flood Control Lot Map and that Council also publicly exhibit the Draft Flood Control Lot Map.
(Moved Councillor A Istephan / Seconded Councillor C Hindi)


PPE034-10 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 Istephan / Seconded Councillor C Hindi)



SERVICE DELIVERY CHILD CARE POLICY AND SENIOR CITIZENS COMMITTEE

SD144-10 2011 OATLEY PARK FUN RUN (10/53)
RESOLVED THAT St George District Athletics Club be permitted to hold a fun run through Oatley Park on Sunday 3rd April 2011.

THAT Council waive the fee for hiring the park.

THAT permission be granted to close the road in Oatley Park to motorised vehicles between the hours of 5:30am and 10:00am.

THAT Council supply all material as requested to be funded from Additional Donations (Parks & Miscellaneous) budget.

THAT St George District Athletics Club supply Council with a copy of their contract of insurance/and or indemnity which Indemnifies Council of any liability, this should be in the amount of not less then $10millon.

THAT the provision of the requested materials and services be on the condition that Council receives appropriate recognition on all promotional material and advertising associated with the event and that the St George District Athletics Club is notified of this requirement .

FURTHER THAT an refundable cleaning deposit of $200.00 be imposed.
(Moved Councillor S McMahon / Seconded Councillor D Perry)


SD145-10 FUNDING OFFER FROM THE LOWER GEORGES RIVER SUSTAINABILITY INITIATIVE FOR ON GROUND WORKS AT WEBBS DAM, EVATT PARK, LUGARNO (09/240)
RESOLVED THAT Council accept the funding offer of $300,000 from the Lower Georges River Sustainability Initiative, as described in this report.

FURTHER THAT Council delegate its authority to the General Manager to formally accept the funds by writing to the Lower Georges River Sustainability Initiative Project Manager and Steering Committee, accepting its offer.
(Moved Councillor S McMahon / Seconded Councillor D Perry)


SD146-10 MULTI-PURPOSE YOUTH FACILITY (10/2385)
RESOLVED THAT feasibility studies be undertaken on the sites identified as possible locations for the provision of a multi-purpose youth facility.

FURTHER THAT the Pole Depot Community Centre be advised accordingly.
(Moved Councillor S McMahon / Seconded Councillor D Perry)


SD147-10 CHILDREN'S SERVICES ANNUAL PARENT SURVEY RESULTS (09/2240)
RESOLVED THAT the outcomes of the annual child care parent surveys be received and noted.

FURTHER THAT the staff involved be congratulated on their efforts.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



SD148-10 LIVE MUSIC CONDITION - BEVERLY HILLS WITH KINGSGROVE ANGLICAN CHURCH - KINGSGROVE COMMUNITY CENTRE (10/2088)
RESOLVED THAT the request to allow unamplified live music at Kingsgrove Community Centre hall for Beverly Hills with Kingsgrove Anglican Church be approved for a trial period of eight (8) Sundays.

THAT Beverly Hills with Kingsgrove Anglican Church must ensure all doors remain closed whilst playing unamplified live music in the Centre.

FURTHER THAT, Beverly Hills with Kingsgrove Anglican Church be notified of the decision of Council.


(Moved Councillor S McMahon / Seconded Councillor D Perry)



SD149-10 CONCESSIONAL RENTAL – THE BODY OF CHRIST MISSION CENTRE INC – KINGSGROVE COMMUNITY CENTRE (D10/128528)
RESOLVED THAT the application for concessional rental by The Body of Christ Mission Centre Inc for hire of the Kingsgrove Community Centre hall to a total $1,275 (the total year hire fee being $12,750) for the first half of 2011 be refused.

FURTHER, THAT the applicant be invited to apply for the concessional rental rebate next year.
(Moved Councillor S McMahon / Seconded Councillor D Perry)




SD150-10 CONCESSIONAL RENTAL - BURMESE ORGANISATION OF NSW – MARANA ENTERTAINMENT CENTRE (10/2088)
RESOLVED THAT the application for concessional rental by the Burmese Cultural Organisation (BCO) for hire of Marana in Hurstville Entertainment Centre on 3 April 2011 to a total $5,790.00 be refused.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC159-10 ALLAWAH BUS INTERCHANGE - REQUEST FOR DROP OFF AND PICK UP ZONES (08/1459)
RESOLVED THAT the request from NSW Transport Construction Authority for 20m No Parking zone in Roberts Lane, Allawah to a "No Parking, 6.30am-9.30am, 3.30pm-6.30pm, Mon-Fri and 1P, 9.30am-3.30pm, Mon-Fri , 9.30am-12.30pm, Sat-Sun" zone be approved.

THAT NSW Transport Construction Authority be advised of Council's decision.

FURTHER THAT Council write to the NSW Transport Construction Authority to request they fund ongoing maintenance and cleaning of the interchange.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC160-10 BARRATT STREET, HURSTVILLE - REQUEST FOR A BUS ZONE (10/963)
RESOLVED THAT State Transit Authority's request for 25m Bus Zone to be established along the northern side of Barratt Street, Hurstville be approved.

FURTHER THAT the State Transit Authority be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC161-10 CAMBRIDGE STREET, PENSHURST - REMOVAL OF THE NO-ENTRY RESTRICTION (09/544)
RESOLVED THAT the "No Entry" restriction at the southern end of Cambridge Street, north of Forest Road, Penshurst be removed to allow southbound vehicles to exit onto Forest Road, Penshurst.

THAT a half-seagull island with pedestrian access be installed at the southern end (Forest Road end) of Cambridge Street, Penshurst to restrict right turn movements from Cambridge Street into Forest Road.

THAT a "No Right Turn" sign be installed in Cambridge Street to advise motorists that it is illegal to turn right out of Cambridge into Forest Road, Penshurst

THAT the existing right turn manoeuvre from Forest Road into Cambridge Street, Penshurst be maintained.

THAT a Traffic Management Plan of the proposed changes to traffic conditions in Cambridge Street, Penshurst be prepared and forwarded to the RTA for approval.

FURTHER THAT all the residents of Cambridge Street be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC162-10 FOREST ROAD, HURSTVILLE - PROPOSED CHANGES TO ON STREET PARKING (10/1256)
RESOLVED THAT the redundant Bus Zones in Forest Road, Hurstville be converted to a temporary "No Parking" restriction for a period of two weeks after the practical completion of the new Hurstville Bus Interchange in Woodville Lane.

THAT after the two weeks, the subject "No Parking" areas be converted to a combination of No Parking, 15 minutes parking and 1/2 hour parking as shown on the attached parking layout plan.

THAT an update report be presented to the Traffic Advisory Committee in regards to the Bus Interchange, parking and Bus Zones along Forest Road for 6 months from February 2011 till July 2011.

FURTHER THAT Transport NSW be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC163-10 GUNGAH BAY ROAD, OATLEY - PROPOSED PEDESTRIAN CROSSING (05/1951)
RESOLVED THAT the existing pedestrian refuge island in Gungah Bay Road, north of Mulga Road, Oatley be upgraded to a pedestrian crossing.

THAT all the requirements stipulated by the RTA be complied with.

THAT the required funding for the project be allocated from the 2010-2011 working budget.

FURTHER THAT Councillor Wagstaff, Councillor McMahon and the Parents & Citizens Association of Oatley West Public School be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC164-10 HURSTVILLE PUBLIC SCHOOL - ROAD SAFETY CONCERNS (10/849)
RESOLVED THAT this matter be deferred until Hurstville Public School conducts a survey of all families to establish numbers and patterns of movement around the school and provide Council the result of the survey.

FURTHER THAT Councillor Liu be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC165-10 HURSTVILLE SHOPPING CENTRE - REQUEST FOR BIKE RACKS (10/898)
RESOLVED THAT the request for Bike Racks be deferred until the conclusion of the construction of the Hurstville Bus Interchange.

FURTHER THAT Ms Cherie Burton's Office, be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC166-10 INTERSECTION OF MACMAHON STREET AND PARK ROAD, HURSTVILLE - REQUEST FOR NO STOPPING RESTRICTION (09/263)
RESOLVED THAT the Statutory "No Stopping" restriction at the intersection of MacMahon Street and Park Road, Hurstville be installed.

FURTHER THAT the Law Enforcement Officers be advised of council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC167-10 NEW SCHOOL ZONE FLASHING LIGHTS IN PENSHURST STREET AT PENSHURST GIRLS HIGH SCHOOL AT ST DECLANS CATHOLIC PRIMARY SCHOOL (08/2195)
RESOLVED THAT the Roads and Traffic Authority's advise about new school zone flashing lights due to be installed in Penshurst Street at Penshurst Girls High School and St Declan's Catholic Primary School, Penshurst be received and noted.

FURTHER THAT Penshurst Girls High School and St Declan's Catholic Primary School be advised of the Roads and Traffic Authority's advice.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC168-10 PATERSON AVENUE, KINGSGROVE - ROAD SAFETY CONCERNS (09/1291)
RESOLVED THAT the request to remove four short term car parking spaces in Paterson Avenue, west of Kingsgrove Road, Kingsgrove be denied.

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



TAC169-10 TOORONGA TERRACE, BEVERLY HILLS - REQUEST TO RESTRICT 90 DEGREE ANGLE PARKING TO 'REAR TO KERB' (10/1541)
RESOLVED THAT the existing angle parking zone along both sides of Tooronga Terrace, Beverly Hills be changed to "90 degree Angle Parking, Vehicles Under 6m Only".

FURTHER THAT Council's Law Enforcement Officers be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC170-10 BANNERMAN STREET, MORTDALE HEIGHTS - REQUEST FOR A TEMPORARY ROAD CLOSURE TO HOLD A NEIGHBOURHOOD CHRISTMAS STREET PARTY (10/242)
RESOLVED THAT the resident’s request to temporarily close Bannerman Street, Mortdale Heights at Balmoral Road and Baringa Road on Sunday, 19th December 2010 from 2pm to midnight to hold a Neighbourhood Christmas Street Party be approved.

THAT the applicant be advised that Passage for emergency vehicles should be allowed, if necessary during the road closure.

THAT a Traffic Management Plan be prepared by Council on behalf of the residents for the proposed temporary closure of Bannerman Street, Mortdale Heights on Sunday, 19th December 2010 from 2pm to midnight to hold a Neighbourhood Christmas Street Party and submitted to the RTA and Police for their information.

THAT the standard fees for road closures as per Council’s Schedule of Fees & Charges be waived for the proposed closure of Bannerman Street, Mortdale Heights on Sunday, 19th December 2010 from 2pm to midnight to hold a Neighbourhood Christmas Street Party.

FURTHER THAT the applicant be notified of Council’s decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC171-10 OCEAN LANE, MORTDALE - REQUEST FOR PARKING RESTRICTIONS (08/579)
RESOLVED THAT 16-metre NO PARKING restrictions be installed on both sides of Ocean Lane at the vehicular crossing of 479 Forest Road, Penshurst. The restriction be spaced approximately 5 metres either side of the subject vehicular crossing.

FURTHER THAT the resident of 12/479 Forest Road, Penshurst be notified of Council’s decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC172-10 2011 HURSTVILLE TRAFFIC ADVISORY COMMITTEE DATES (06/178-1)
RESOLVED THAT the dates for the 2011 Hurstville Traffic Advisory Committee be received and noted.

FURTHER THAT all the members and representatives of the Hurstville Traffic Advisory Committee be notified of the dates scheduled for the meetings of the Hurstville Traffic Advisory Committee in 2011.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC173A-10 APSLEY STREET, PENSHURST - REQUEST FOR A WORK ZONE (10/512)
RESOLVED

THAT a 6 meter Work Zone from 7am – 5pm Monday to Saturday be installed adjoining the construction site at 8 Apsley Street, Penshurst for the duration of the work site, provided that the applicant pay the necessary fees in accordance with Council's adopted Schedule of Fees and Charges for 2010-2011.

FURTHER THAT the applicant be notified of Council decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC174A-10 BOUNDARY ROAD, MORTDALE – REQUEST FOR A NO PARKING RESTRICTION ACROSS DRIVEWAY (09/529)
RESOLVED THAT a 12-metre NO PARKING restriction be installed in Boundary Road across the vehicular crossing of 79-81 Boundary Road, Mortdale. The restriction be spaced approximately 3 metres either side of the subject vehicular crossing.


FURTHER THAT the resident of 79-81 Boundary Road, Mortdale be notified of Council’s decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC175A-10 WESTFIELD SHOPPING CENTRE, HURSTVILLE -PROPOSED TRAFFIC MANAGEMENT MEASURES FOR THE CHRISTMAS PERIOD (08/2191)
RESOLVED THAT the proposed traffic control measures in Park Road and The Avenue, Hurstville, from Thursday 16th December to Tuesday 28th December 2010 be approved subject to following conditions:
FURTHER THAT Westfield Management be advised of Council's decision.
(Moved Councillor S McMahon / Seconded Councillor D Perry)



TAC176A-10 VOTE OF THANKS FOR MR GRAHAM KELL OF ST GEORGE CABS CO-OPERATIVE LIMITED. (10/31)
RESOLVED THAT a thank you letter signed by Hurstville's Traffic Advisory Committee Chairperson Councillor B Giegerl, OAM, showing Hurstville City Council's appreciation be sent to Mr Graham Kell of St George Cabs Co-Operative Limited to acknowledge his valuable contribution to the Hurstville Traffic Advisory Committee.
(Moved Councillor S McMahon / Seconded Councillor D Perry)