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EXTRAORDINARY COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 12th October 2011


The Meeting commenced at 8:49pm.

PRESENT

Council Members
His Worship the Mayor, Councillor S McMahon
Deputy Mayor, Councillor C Hindi
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
Councillor A Wagstaff
Councillor C Wong

It is noted that Councillor Wagstaff was present for the initial commencement of the Meeting but was not present when the Meeting recommenced.

Council Staff
General Manager, Mr. V Lampe
Director Planning & Development, Mr M Watt
Manager Corporate Governance & Records, Mrs K Garske


Minute No. 189
THAT the Extraordinary Council Meeting be suspended until the conclusion of the Development Assessment Committee.
(Moved A Istephan / Seconded Councillor N Liu)

His Worship the Mayor, Councillor S McMahon declared the meeting suspended.

The Meeting recommenced at 9:54pm.


APOLOGIES
Apologies for the inability to be present were tendered on behalf of Councillor V Badalati and Councillor A Wagstaff.

RECOMMENDED THAT apologies be accepted and leave of absence granted.
(Moved A Istephan / Seconded Councillor N Liu)
DISCLOSURES OF INTEREST
No disclosures of interest were received.


ITEMS

Minute No. 190
ECM023-11 FURTHER LEGAL ADVICE - CONCEPT PLAN APPROVAL 21-35 TREACY STREET, HURSTVILLE (SF11/230)
THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A (2) (g) it is considered the matter contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it could prejudice Council’s position in any related or subsequent legal proceedings.


FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

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. 191
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 Officer 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 A Istephan / Seconded Councillor W Pickering)

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

Minute No. 192
COW046-11 FURTHER LEGAL ADVICE - CONCEPT PLAN APPROVAL 21-35 TREACY STREET, HURSTVILLE (SF11/230)
(Report by Director Planning and Development, Mr M Watt)

THAT Council receive the legal advice and note the actions taken.
(Moved Councillor P Sansom / Seconded Councillor N Liu)
Minute No. 193
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

OPEN COUNCIL

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

Minute No. 194
RESOLVED THAT the Report of the Committee of the Whole as, verbally reported to the meeting, be received and that the recommendations be adopted.
(Moved Councillor P Sansom / Seconded Councillor N Liu)


The meeting finished at 10:11 pm.



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Chairperson