MINUTES: COUNCIL MEETING

COUNCIL MEETING

MINUTES OF MEETING
Wednesday, 19th October 2011

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 A Wagstaff
Councillor C Wong

Council Staff

General Manager, Mr V Lampe
Director Administration, Mr J Tripp
Director Planning & Development, Mr M Watt
Director Service Delivery, Mr L O'Connor
Internal Ombudsman, Mr W Park
Chief Financial Officer, Ms K Foldi
Manager Environmental Services, Mr G Dickens
Manager Engineering Services, Ms M Whitehurst
Manager Library Museum & Entertainment, Ms R Schulz
Manager Public Relations & Events, Ms T Abraham
Manager Environmental Sustainability, Mr I Curtis
Governance Officer, Mr H Cavill

OPENING

His Worship the Mayor, Councillor S McMahon opened the meeting at 7:05 pm.

Following the National Anthem, the meeting was led in the Opening Prayer by The Reverend Max Hogg, Hurstville Baptist Church.

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

His Worship the Mayor, Councillor S McMahon 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 V Badalati, Councillor W Pickering and Councillor P Sansom.

Minute No. 706
RESOLVED THAT apologies be accepted and leave of absence granted.

(Moved Deputy Mayor Councillor C Hindi / Seconded Councillor A Istephan)

MAYORAL MINUTE

Councillors, tonight’s Mayoral Minute relates to three items.

1. Council will tonight consider a report to establish a Commonsense Parking Panel. The Panel will review requests from the community to have their parking fines reconsidered and potentially waivered if they believe they have been booked unjustly. All too often we hear of cases where people are fined for parking just inches over the line or overstaying just by a few minutes. Although our parking officers are rightfully enforcing the law, there needs to be a more commonsense and less bureaucratic approach to such cases. The suggestion is for the Panel to comprise three non-paid local community members and three Council officers. It will meet on a monthly basis to review the requests before referring the matters to Council for a final decision. I urge my fellow Councillors to support this initiative and give our community another option to appeal their fines. Ultimately all of the panel’s recommendations will come to full Council to ensure transparency in the process.

2. I once again call upon the NSW Government to urgently approve Council’s draft Hurstville Local Environment Plan (Hurstville City Centre) 2010 as a priority matter so that it can be exhibited concurrently with the draft Hurstville Local Environment Plan 2011. Council has been waiting for months for the approval from the Department of Planning and Infrastructure in an effort to put a stop to the NSW Government’s push to introduce high-rise developments in the local suburbs. The two Plans support each other and cannot be exhibited separately because individually, they do not reflect our long-term plan to build the CBD to protect the suburbs from overdevelopment. Council can adequately meet the draft South Subregional Strategy’s target of an additional 4100 dwellings by 2031 through new dwellings earmarked in the draft Hurstville Local Environmental Plan (Hurstville City Centre) 2010. Over the past few years, we have done our fair share to accommodate Sydney’s growing population compared to other suburbs, and Council is not going to budge any further. Council needs to continue to safeguard the amenity of residential suburbs for the long-term future of our great city. I’d also like to put on record my thanks to Deputy Mayor Clr Con Hindi for his bipartisan approach and behind the scenes work to achieve a great benefit for our local residents. When approved, the draft Hurstville Local Environment Plan (Hurstville City Centre) 2010 will be a win win for both local business and the community.

3. Since the introduction of the State Environmental Planning Policy (Affordable Rental Housing), Council has received a number of applications to build what is being called affordable housing accommodation throughout the Hurstville local government area. However, under these new laws, none have been approved. I note that affordable housing has been constructed by the NSW Department of Housing over many years.

I personally believe that the current laws are flawed and the NSW Government needs to completely overhaul them. I acknowledge that the former NSW Government introduced the planning laws but it is time to put politics aside and have Barry O’Farrell fix them. The policy enables developers to get in through the back door and construct extra buildings onto a site and in inappropriate locations.

Affordable housing needs to be created in our local government area however our community needs to have a say in where it is to be constructed. Let’s do it properly and not on an ad hoc basis. I would like to see a salt and pepper approach. For example, if a developer builds a high-rise block of units in the Hurstville CBD, then a percentage of those units should be put aside for affordable housing. This approach would be more socially cohesive and not come at the expense of local residents forced to accept overdevelopment which is inconsistent with their current streetscape and Council’s long-term vision for our suburbs. Put simply, let affected neighbours have their say and not become victims of poor planning laws.

I move reception of the minute.

Minute No. 707
RESOLVED THAT the Mayoral Minute be received and noted.

(Moved His Worship the Mayor, Councillor S McMahon / Seconded Deputy Mayor, Councillor C Hindi)

MATTERS OF PRIVILEGE

Condolences

The Mayor advised Council of the following condolences:

It is with regret that I advise Council of the sad passing of the uncle of Council’s Director of the Jack High Day Care, Vanessa Davison. A floral arrangement expressing the deepest sympathy of the Mayor, Councillors and Staff has been sent to Lisa and her family.

It is with regret that I advise Council of the sad passing of the father-in-law of Council’s Fleet and Acquisitions Officer, Lisa Mangos. A floral arrangement expressing the deepest sympathy of the Mayor, Councillors and Staff has been sent to Vanessa and her family.

It is with regret that I advise Council of the sad passing of Mr George Rapley, one of Council’s most valued Bush Care Volunteers. George Rapley had been one of the most active Volunteers for Hurstville’s Volunteer Bushcare Program for over 12 years, working in the Lime Kiln Bay wetlands and many other volunteer bushcare sites in Oatley and Peakhurst areas. Religiously dedicating 2-3 days of his time per week he had been involved with the Program since it commenced in 1999.

George had become very proficient in all areas of Bushcare work, including weed identification and removal techniques, identification and planting of local plant species, mulching, and track construction. He had been instrumental in identifying suitable locations for, and the construction of tracks through the regeneration site at the main entrance gate to Oatley Park. George’s other special skill was in drainage construction. He was the resident expert in lining creek lines with sandstone rock and constructing sediment basins. This important work helps to improve the quality of water flowing into the Georges River, and reduces soil erosion and weed spread.

Amongst his peers and fellow volunteers, George was known as an ‘Ideas Man’. He was consistently offering suggestions and solutions when decisions were required for new or existing projects. He could always be relied upon to ‘be there’, as shown by his excellent attendance record, and he would always earn extra credit with the Bushcare Officers for offering to do extra time if needed. He usually would turn up with his own specialist tools for the job. George was always smiling, willing to tell a good story, and bring a carefree, happy attitude to the groups he was part of, and was very well liked by all. The Officers and volunteers of the Bushcare Program are very grateful to have had such a capable and reliable team member as George and he will be greatly missed. A floral arrangement expressing the deepest sympathy of the Mayor, Councillors and Staff has been sent to the Rapley Family.

The Deputy Mayor, Councillor C Hindi advised Council of the sad passing of Councillor Janet Hayes, a Vice President of the NSWLGSA. Councillor Hindi spoke to her hard work on behalf of the community, and requested Council send flowers and a letter to the family.

Councillor Hindi also advised Council of the passing of the Hon. Shaoquett Moselmane's nephew's wife. He requested Council send flowers and a letter to the family.

Minute No. 708
RESOLVED THAT condolences be conveyed as requested.

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

Other Matters

I wish to advise Council of the birth of a son, Cooper Piggott, to Ben Piggott & wife Kelly. Ben is Council’s Plant Operator – Parks Maintenance. Both mother and baby are well. A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Ben and Kelly congratulating them on the birth of their baby son.

I wish to advise Council of the birth of a son, Leo, to Danielle Reid & her husband Stan. Danielle is Council’s Employee Relations Officer. Both mother and baby are well. A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Danielle and Stan congratulating them on the birth of their baby son.

I wish to advise Council of the birth of a daughter, Isabella Joy Moldrich, to Deborah and Ben Moldrich, daughter and son-in-law of Warren Park, Council’s Ombudsman. Both mother and baby are well. A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Deborah and Ben congratulating them on the birth of their first child.

I wish to advise Council of the birth of Councillor Pickering’s first grandchild on Friday 14th October, at Sutherland Hospital. A grandson of 8lb-3oz, and 22.5 inches, Maxwell (Max) born to daughter Alexis and Son-in-Law Sam Hudson, both doing well. A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Alexis and Sam congratulating them on the birth of their first child.

The Deputy Mayor, Councillor C Hindi spoke to the success of the Oatley Spring Fair, and mentioned the good level of attendance by Hurstville Councillors even though the event took place in the Kogarah Local Government Area.

DISCLOSURES OF INTEREST

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

Councillor A Wagstaff declared a non-significant, non-pecuniary interest in the item CCL230-11 Youth Sponsorship Request - Hannah Pentecost as her husband is the president of Oatley RSL for whom Hannah competes.

His Worship the Mayor, Councillor S McMahon declared a non-significant, non-pecuniary interest in the item CCL236-11 Donation - Pole Depot Community Centre Lift as he is Council's delegate to the Pole Depot.

SPEAKERS

The following persons from the public gallery addressed the Council:

Mr Brian Shaw - NOM011-11 Environmental Audit of the Peakhurst Industrial Area/Estate

MINUTES OF PREVIOUS MEETINGS

Minute No. 709
CCL218-11 MINUTES: COUNCIL MEETING - 28/09/2011 (09/1229)

(Report by General Manager, Mr V Lampe)

RESOLVED THAT the Minutes of the Ordinary Meeting of the Council held on 28 September 2011 be adopted.

(Moved Councillor A Istephan / Seconded Councillor C Wong)

Minute No. 710
CCL219-11 MINUTES: EXTRAORDINARY COUNCIL MEETING - 12/10/2011 (09/1229)

(Report by General Manager, Mr V Lampe)

RESOLVED THAT the Minutes of the Extraordinary Meeting of the Council held on 12 October 2011 be adopted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 711
CCL220-11 MINUTES: DEVELOPMENT ASSESSMENT COMMITTEE - 12/10/2011 (09/1214)

(Report by General Manager, Mr V G D Lampe)

RESOLVED THAT the Minutes of the Development Assessment Committee held on 12 October 2011 be adopted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 712
CCL221-11 MINUTES OF AUDIT COMMITTEE MEETING (D11/101520)

(Report by Internal Auditor, Mr J Alburo)

RESOLVED THAT the minutes of the Extraordinary Audit Committee meeting held on 4 October 2011 be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 713
CCL253A-11 MINUTES: TRAFFIC ADVISORY COMMITTEE - 06/10/2011 (09/345)

(Report by Manager Engineering Services, Ms M Whitehurst)

RESOLVED THAT the Minutes of the Traffic Committee Meeting held on 6 October 2011 be adopted, with the exception of TAC132-11 Barratt Street, Hurstville - Request to Reduce the Length of the Bus Layover Area.

(Moved Councillor A Istephan / Seconded Councillor J Jacovou)

COMMITTEE ITEMS FOR CONSIDERATION

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

TAC132-11 BARRATT STREET, HURSTVILLE – REQUEST TO REDUCE THE LENGTH OF THE BUS LAYOVER AREA (11/793)

(Report by Manager Infrastructure Planning, Mr O Wijayaratna)

Committee's Recommendation

THAT Council reduces the existing Bus Zone on the Eastern side of Barratt Street, Hurstville for short term bus layovers to 18 metres to accommodate only one bus and to convert the remaining space into half hour parking.

(Moved Councillor J Jacovou / Seconded Councillor A Istephan)

COUNCIL ITEMS

Minute No. 714
CCL222-11 RETURN OF THANKS (10/31)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the information be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

Minute No. 715
CCL223-11 COUNCIL AND COMMITTEE MEETING DATES - NOVEMBER 2011 - DECEMBER 2012 (10/1774)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the dates for the meetings from November 2011 to December 2012 as outlined in the report be adopted.

(Moved Councillor A Istephan / Seconded Deputy Mayor, Councillor C Hindi)

It was indicated that there may be an Extraordinary Council Meeting on 29 October, with Meeting Notices to be issued if it is confirmed.

Minute No. 716
CCL224-11 CONCESSIONAL RENTAL – FITNESS NOW – SENIORS CITIZENS CENTRE (11/492)

(Report by Manager Library Museum & Entertainment, Ms R Schulz)

RESOLVED THAT the application for concessional rental of $29,627.90 for Fitness Now be approved.

THAT the hire fee charged to Fitness Now increase from $49.50 to $54.45 per session from 24 October 2011 to 30 June 2012, and that this fee increases by 10% each financial year over the next five years.

FURTHER THAT, if approved, the applicant be advised that they must acknowledge Council's sponsorship on all their promotion and marketing material (tickets, flyers, brochures etc) at programs and at the event/function.

(Moved Councillor J Jacovou / Seconded Councillor C Wong)

Minute No. 717
CCL225-11 CONCESSIONAL RENTAL – KALA INDIAN ARTS & CULTURE ASSOCIATION – MARANA AUDITORIUM IN THE ENTERTAINMENT CENTRE (11/492)

(Report by Manager Library Museum & Entertainment, Ms R Schulz)

RESOLVED THAT the application for concessional rental from Kala Indian Arts Association be denied.

(Moved Councillor J Jacovou / Seconded Councillor A Istephan)

Minute No. 718
CCL226-11 CONCESSIONAL RENTAL – CHRISTIAN IMMANUEL FELLOWSHIP – AMAROO ROOM IN THE ENTERTAINMENT CENTRE (11/492)

(Report by Manager Library Museum & Entertainment, Ms R Schulz)

RESOLVED THAT the application for concessional rental from the Christian Emmanuel Fellowship be denied.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 719
CCL227-11 CONCESSIONAL RENTAL REQUEST- OATLEY PARK CASTLE (D11/98117)

(Report by Sport & Recreation Officer, Mrs C Irwin)

RESOLVED THAT the hire fee of $103.00 for the use of Oatley Park Castle by Georges River Life Care be waived.

FURTHER THAT Georges River Life Care be notified of this decision.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

Minute No. 720
CCL228-11 REQUEST FOR CONCESSIONAL RENTAL OF PENSHURST PARK FOR COMMUNITY CAROLS (D11/98799)

(Report by Sport & Recreation Officer, Mrs C Irwin)

RESOLVED THAT The Salvation Army Hurstville (in association with the Rotary Club of Hurstville) be permitted to use Penshurst Park to hold their Annual Carols by Candlelight on Sunday, 18 December 2010 from 10am – 10pm.

THAT The Salvation Army Hurstville forward details of the amusement devices to be erected and evidence that the amusement device is registered under the Occupational Health and Safety Regulation 2001, as well as a copy of the Amusement Operators contract of insurance/and or indemnity which Indemnifies Council of any liability this should be in the amount of not less than $10 million.

THAT Council provide the Lions Club of Lugarno with all requested materials, to be funded from Additional Donations (Parks & Miscellaneous) budget.

THAT Council impose a refundable cleaning deposit of $213.00 to ensure Penshurst Park is left clean and tidy, removing all rubbish and candle wax from the premises.

THAT an exclusion zone be set for the fireworks display and Foti International Fireworks P/L provide council with a copy of their indemnity insurance which Indemnifies Council of any liability, this should be in the amount of not less then $10 million.

THAT The Salvation Army and the Rotary Club of Hurstville provide Council with a copy of their Public Liability Cover which Indemnifies Council of any liability, this should be in the amount of not less then $10 million.

FURTHER 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 Salvation Army Hurstville is notified of this requirement.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 721
CCL229-11 AMENDMENT TO THE PARKS GARDENS & RESERVES 2011 - 2012 FEES AND CHARGES FOR THE HIRE OF MORTDALE MEMORIAL PARK FOR WEDDINGS (11/389)

(Report by Sport & Recreation Officer, Mrs C Irwin)

RESOLVED THAT Council approve the public exhibition of the amended Schedule of Fees & Charges 2011-2012 for a period of 30 days between 29 August and 27 September 2011.

FURTHER THAT following the exhibition period, a report be presented to the subsequent Council meeting advising of any submissions received relating to the amended Schedule of Fees & Charges 2011-2012.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 722
CCL230-11 YOUTH SPONSORSHIP REQUEST - HANNAH PENTECOST (11/59)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT Council provides a donation in the amount of $300 under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to assist Hannah Pentecost attend the 2011 Australian Aerobics Championships in Melbourne.

FURTHER THAT Hannah Pentecost be requested to submit a report on the results achieved at the 2011 Australian Aerobics Championships.

(Moved Councillor J Jacovou / Seconded Councillor A Istephan)

Minute No. 723
CCL231-11 REQUEST FOR SUPPORT - SERENITY NSW INC (11/58)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT Council makes a donation of $500 to Serenity NSW Inc to aid with fundraising for their service.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 724
CCL232-11 EARLY INTERVENTION PRESCHOOL AUTISM SPECTRUM DISORDERS EDUCATION AND
THERAPY (10/898)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the Mayor on behalf of Council writes to the State and Federal Government to request a funding increase as per the request in the report.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 725
CCL233-11 REQUEST FOR REMOVAL OF PRIVATE TREE - 241 GLOUCESTER ROAD, BEVERLY HILLS (TR10/43)

(Report by Director Service Delivery, Mr L O'Connor)

RESOLVED THAT the removal of one Eucalyptus microcorys tree from the rear yard of 241 Gloucester Road, Beverly Hills, be approved due to the reasons listed in the letter forwarded to Council.

(Moved Councillor C Wong / Seconded Councillor A Istephan)

Minute No. 726
CCL234-11 2011 COMMUNITY BUILDING PARTNERSHIP PROGRAM (11/1704)

(Report by Director - Service Delivery, Mr L O'Connor)

RESOLVED THAT Council makes submissions in relation to the projects recommended in the report, at the Director's discretion.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 727
CCL235-11 ST GEORGE AND SUTHERLAND SHIRE BUSINESS ENTERPRISE CENTRE (BEC) PATRONAGE (10/176)

(Report by Manager Public Relations and Events, Ms Tanya Abraham)

RESOLVED THAT Council continue its patronage of the St George and Sutherland Business Enterprise Centre (BEC) for 2011/12.

FURTHER THAT the St George and Sutherland Business Enterprise Centre (BEC) be requested to provide additional focus in the Hurstville local government area.

FURTHER THAT a detailed report be submitted to Council prior to consideration of 2012/13 patron membership outlining Hurstville-specific initiatives undertaken by the St George and Sutherland Business Enterprise Centre (BEC) in 2011/12.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 728
CCL236-11 DONATION - POLE DEPOT COMMUNITY CENTRE LIFT (10/507)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT Council makes a donation of $2161.50 to the Pole Depot Community Centre to meet the cost of repairing the building lift.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Wagstaff)

Minute No. 729
CCL237-11 2011 MAYORAL GOLF DAY (11/329)

(Report by Manager Engineering Services, Mrs M Whitehurst)

RESOLVED THAT Council approve the closure of the Hurstville Golf Course to the public on Friday 18th November 2011 to enable the Mayoral Golf Day to take place.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 730
CCL238-11 CONFERENCE - 2011 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS (11/1413)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT, in accordance with the Civic Expenses Policy, staff approved by the General Manager be authorised to attend the 2011 National Local Roads and Transport Congress, and that registration fees, other expenses and sustenance allowances be met by Council.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 731
CCL239-11 DISCLOSURES OF INTEREST 2011 (11/57)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

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

FURTHER, THAT the Disclosure of Interest Returns for 2010/2011 submitted by Councillors and designated persons be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 732
CCL240-11 DRAFT PUBLIC SPACES LOCAL APPROVALS POLICY (09/1584)

(Report by Hurstville Place Manager, Mr C Edmondson)

RESOLVED THAT the draft Public Spaces Local Approvals Policy be approved for exhibition in accordance with S160 of the Local Government Act.

FURTHER THAT following exhibition, the matter be reconsidered by Council, with any submissions received, for adoption.

(Moved Councillor B Giegerl / Seconded Councillor A Istephan)

CCL241-11 GIFTS AND BENEFITS POLICY (10/136)

(Report by Internal Ombudsman, Mr W Park)

Councillor Wagstaff proposed the following motion:

THAT the Gifts and Benefits Policy be redrafted to:

1. Remove reference to a monetary threshold of $50 or less
2. Adjust the wording to make consistent with the definition of a ‘token gift’ as per the definitions outlined in the policy.
3. That the Code of Conduct be adjusted to reflect the definition of a ‘token gift’ as per the definitions in the policy.

FURTHER THAT this be placed on Council's website.

(Moved Councillor A Wagstaff / Seconded Councillor B Giegerl)

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

A division was requested.

For:	Councillor A Wagstaff, Councillor B Giegerl
Against:	His Worship the Mayor, Councillor S McMahon, Deputy Mayor, Councillor C Hindi, Councillor C Wong, Councillor A Istephan, Councillor D Perry, Councillor N Liu, Councillor J Jacovou

The motion was declared lost.

Minute No. 733
RESOLVED THAT the Gifts and Benefits Policy be adopted and placed on Council's website.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 734
CCL242-11 PENALTY INFRINGEMENT NOTICE (PIN) REVIEW COMMITTEE (11/1584)

(Report by Manager Environmental Services, Mr G Dickens)

RESOLVED THAT Council establishes a Penalty Infringement Review Committee (PINRC) to review representations in relation to the issue of infringement notices for car parking offences only.

THAT the Committee comprise six (6) representatives consisting of three (3) Council Officers whose positions are identified in this report and three (3) non-paid community representatives, one of whom is to be nominated by Member for Oatley Mark Coure MP, one to be nominated by Federal Member for Banks, Mr Daryl Melham MP, and one to be nominated by the Mayor, Deputy Mayor and General Manager. A staff member will be the chair and have a casting vote if necessary.

THAT the processes and procedures of the PIN Review Committee be undertaken as outlined in this report, with the exception that the words ‘The resultant effect on public attitude towards Council will always be borne in mind’ be removed from the report.

FURTHER THAT this be subject to a twelve month trial.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

It was noted that this motion was carried unanimously.

Minute No. 735
CCL243-11 QWN018-11 LEGAL EXPENSES 2010/11 AND PROCUREMENT PROCEDURES (09/1229)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the information be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 736
CCL244-11 QWN019-11 COUNCILLORS' EXPENSES 2010/11 FINANCIAL YEAR (09/1229)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the information be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 737
CCL245-11 QWN020-11 COST OF COUNCILLORS WEEKEND WORKSHOP AT MERCURE RESORT HUNTER VALLEY GARDENS IN AUGUST 2011 (11/983)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

RESOLVED THAT the information be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 738
CCL246-11 QWN022-11 SUSTAINABILITY HEALTH CHECK (09/464)

(Report by Manager Environmental Sustainability, Mr I Curtis)

RESOLVED THAT the information be received and noted.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 739
CCL247-11 QUOTATIONS FOR MOTOR VEHICLE (SF11/383)

(Report by Fleet Manager, Mr R Formica)

RESOLVED 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) (c) it is considered the matter contains information that would, if disclosed, confer a commercial advantage on a person with whom council is conducting (or proposes to conduct) business.

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 relates to a proposal where prior knowledge could confer unfair financial advantage on a person and prejudice Council’s ability to secure the optimum outcome for the community.

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 Deputy Mayor, Councillor C Hindi / Seconded Councillor D Perry)

Minute No. 740
CCL248-11 PROPERTY MATTER - COVENANT OVER 321 FOREST ROAD, HURSTVILLE (11/310)

(Report by Commercial Property Manager, Mr G McDonald)

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 closed Council Meeting (Committee of the Whole) at which the press and public are excluded. Specifically, the matters to be dealt with pursuant to Section 10A (2) (d) contain commercial information of a confidential nature that would if disclosed reveal a trade secret.

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 C Wong / Seconded Councillor A Istephan)

Minute No. 741
CCL249-11 TENDER FOR THE RECONSTRUCTION OF TURFED SPORTSFIELDS AT VARIOUS LOCATIONS (11/1418)

(Report by Manager Engineering Services, Mrs M Whitehurst)

(Moved Councillor C Wong / Seconded Councillor A Istephan)

Minute No. 742
CCL250-11 TENDER FOR THE REPLACEMENT OF CHILDREN'S PLAYGROUNDS AT VARIOUS LOCATION (11/956)

(Report by Manager Engineering Services, Mrs M Whitehurst)

(Moved Councillor C Wong / Seconded Councillor A Istephan)

Minute No. 743
CCL251-11 TENNIS COURT MANAGEMENT CONTRACT (11/1058)

(Report by Manager Engineering Services, Mrs M Whitehurst)

(Moved Councillor C Wong / Seconded Councillor A Istephan)

Minute No. 744
CCL252-11 PROPERTY MATTER - LEASE OF GROUND LEVEL, 38 HUMPHREYS LANE, HURSTVILLE (07/1532)

(Report by Manager Property Portfolio, Mr D Vedamuthu)

(Moved Councillor C Wong / Seconded Councillor A Istephan)

NOTICES OF MOTION

Minute No. 745
NOM011-11 ENVIRONMENTAL AUDIT OF THE PEAKHURST INDUSTRIAL AREA/ESTATE (10/950)

(Report by Councillor A Wagstaff)

RESOLVED THAT in the next budget review Council receives a proposal for a program that would enable Council to undertake, complete and implement the findings of an environmental audit of the Peakhurst Industrial Estate/Area.

(Moved Councillor A Wagstaff / Seconded Councillor B Giegerl)

It was noted that Councillor Perry left the Chamber at 8:03pm and returned at 8:10pm.

It was noted that Councillor Hindi left the Chamber at 8:06pm and returned at 8:07pm.

QUESTIONS WITH NOTICE

Minute No. 746
QWN026-11 ENVIRONMENTAL COMPLIANCE INSPECTIONS OF PEAKHURST INDUSTRIAL ESTATE (10/950)

(Report by Councillor A Wagstaff)

RESOLVED THAT the question be taken on notice.

(Moved Councillor A Wagstaff / Seconded Deputy Mayor, Councillor C Hindi)

COMMITTEE OF THE WHOLE (CLOSED COUNCIL)

As required by Council's Code of Meeting Practice, before putting the motion below to the meeting, the Mayor requested those members of the public present to indicate whether they wished to make representations to the meeting, before it was closed to the public, as to whether that part of the meeting dealing with any or all of the above matters should or should not be closed. As no representations were received from members of the public the Mayor put the motion.

Minute No. 747
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 C Wong / Seconded Councillor N Liu)

The Mayor called a short recess at 7:55pm.

The meeting resumed at 8:05pm.

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

Councillor Giegerl did not return to the Chamber, and Councillor Wong tendered an apology on her behalf.

Minute No. 748
RESOLVED THAT Councillor Giegerl's apology be accepted and leave of absence granted.

(Moved Councillor C Wong / Seconded Councillor N Liu)

Minute No. 749
COW047-11 QUOTATIONS FOR MOTOR VEHICLE (SF11/383)

(Report by Fleet Manager, Mr R Formica)

RESOLVED THAT the quotation submitted by Suttons City Holden - Rosebery for the supply of one Holden Caprice WM Series II Sedan be accepted, and the amount be voted and financed from the Passenger Vehicle Replacement Reserve.

FURTHER THAT the existing vehicle (PV0218) be disposed of through Auction.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

Councillor Wagstaff wished to have it recorded that she voted against the motion.

Minute No. 750
COW048-11 PROPERTY MATTER - COVENANT OVER 321 FOREST ROAD, HURSTVILLE (11/310)

(Report by Commercial Property Manager, Mr G McDonald)

RESOLVED THAT Council does not remove the "commercial only" covenant from the title of 321 Forest Road, Hurstville under the conditions outlined in the report.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor C Wong)

Minute No. 751
COW049-11 TENDER FOR THE RECONSTRUCTION OF TURFED SPORTSFIELDS AT VARIOUS LOCATIONS (11/1418)

(Report by Manager Engineering Services, Mrs M Whitehurst)

RESOLVED THAT the tender for the reconstruction of turfed sportsfields be awarded to Hi Quality Turf.

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

FURTHER THAT Council notifies in writing the unsuccessful Tendered and thanks them for their submissions.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 752
COW050-11 TENDER FOR THE REPLACEMENT OF CHILDREN'S PLAYGROUNDS AT VARIOUS LOCATIONS (11/956)

(Report by Manager Engineering Services, Mrs M Whitehurst)

RESOLVED THAT the tender for the 2011/12 Parks Infrastructure Plus Children's Playground Program be awarded to the following companies:

Tallawallah Reserve - Viva Recreation
Cedar Street Reserve - Viva Recreation
Pole Depot Park - Forpark Australia
Ruby Wing Reserve Shade Structure - Viva Recreation

THAT the tender for the 2012/13 Parks Infrastructure Plus Children's Playground Program be awarded to the following companies:

Rasdall Park - Moduplay (Option 2)
Lansdowne Reserve - Viva Recreation
Gifford Park - Moduplay (Option 1)

THAT the tender for the replacement of the Woodville Park Playground (including rubber softfall and shade structure) be awarded to Forpark Australia.

THAT the tender for the new rubber softfall at Ruby Wing Reserve be awarded to Viva Recreation.

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

FURTHER THAT Council notifies in writing the unsuccessful Tendered and thanks them for their submissions.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 753
COW051-11 TENNIS COURT MANAGEMENT CONTRACT (11/1058)

(Report by Manager Engineering Services, Mrs M Whitehurst)

RESOLVED THAT Council Tender the Management Agreement for the Ken Rosewall Tennis Centre and Vanessa Street Tennis Courts as per Council's Procurement Policy.

FURTHER THAT Council's Commercial Property Manager investigate the feasibility of utilising the Vanessa Street Tennis Courts for alternative sports including Futsal.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

Minute No. 754
COW052-11 PROPERTY MATTER - LEASE OF GROUND LEVEL, 38 HUMPHREYS LANE, HURSTVILLE (07/1532)

(Report by Manager Property Portfolio, Mr David Vedamuthu)

RESOLVED THAT Council approves the proposed lease terms and conditions as detailed in this report.

FURTHER, THAT authority be given to the Mayor and General Manager to execute all documentation, and where necessary under the Common Seal of Council.

(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor N Liu)

Minute No. 755

RESOLVED THAT the Committee of the Whole revert to Open Council.

(Moved Councillor C Wong / Seconded Councillor D Perry)

OPEN COUNCIL

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

Minute No. 756
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 A Istephan / Seconded Councillor N Liu)

CONCLUSION

The Meeting was closed at 8:37pm.

Minutes confirmed this 2nd day of November, in the year two thousand and eleven.

_____________________________
Chairperson