Print
COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 2nd May 2012


PRESENT

Council Members

His Worship the Mayor, Councillor S McMahon
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
Councillor A Wagstaff


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 Engineering Services (Acting), Mr P Dreghorn
Manager Public Relations & Events, Ms T Abraham
Manager Development Assessment, Ms T Christy
Senior Traffic Officer, Ms S Selim
Manager Property Assets, Ms A Wilson
Manager Corporate Governance & Records, Mrs K Garske
Governance Officer, Mr H Cavill


OPENING

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

Following the National Anthem, the meeting was led in the Opening Prayer by The Reverend David McDougal, St Giles Presbyterian 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 B Giegerl and Councillor C Wong.

Minute No. 1102
RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering)
MATTERS OF PRIVILEGE

Condolences

There were no condolences reported.

Other matters

I wish to advise Council of the birth of a daughter, Breana, to Louise and Scott Harris on 28 April 2012. Louise is a Customer Service Officer. Both mother and baby are well. A floral arrangement has been sent on behalf of the Mayor, Councillors and Staff to Louise and Scott congratulating them on the birth of their baby daughter.

Deputy Mayor Councillor C Hindi spoke to the success of ANZAC Day services in the local community, specifically Oatley RSL and Riverwood RSL. Cr Hindi was impressed by a young local schoolgirl who sang the National Anthem and suggested that Council invites her to sing the National Anthem at the upcoming Council Meeting on 16 May 2012. Cr Hindi also suggested that Council investigates inviting other singers such as school groups to sing the National Anthem at Council Meetings.


DISCLOSURES OF INTEREST

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

Councillor V Badalati declared a non-significant, non-pecuniary interest in item CCL179-12 Application for Winter Cricket at Gifford Park as he is on the committee of another (un-related) local cricket club.

Councillor A Wagstaff declared a non-significant, non-pecuniary interest in item CCL170-12 9 Freeman Avenue, Oatley - Demolition of Existing Dwelling and Construction of 2/3 Storey Dwelling with New Inground Swimming Pool as one of the objectors is a friend of Cr Wagstaff.

Councillor P Sansom declared a non-significant, non-pecuniary interest in item CCL170-12 9 Freeman Avenue, Oatley - Demolition of Existing Dwelling and Construction of 2/3 Storey Dwelling with New Inground Swimming Pool as friend of Cr Sansom lives in the same street.


PLANNING ITEMS

Minute No. 1103
CCL169-12 HUR - 359 STONEY CREEK ROAD, KINGSGROVE - FIT OUT AND USE OF BUILDING AS BUSINESS PREMISES FOR TATTOO USE (12/DA-57)
RESOLVED THAT the application for the tattoo parlour be refused for the following reasons:

Pursuant to Section 79 C (1) (b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposal is considered to detrimentally impact upon the social environment and amenity of the locality;

Pursuant to Section 79 C (1) (c ) of the Environmental Planning and Assessment Act 1979 (as amended), the site is considered to be unsuitable for the proposed use as the use is not sympathetic or supportive of the existing general retail and commercial development within the surrounding and adjoining 3 (c )Business Centre Zone; and

Pursuant to Section 79 C (1) (d) & (e) of the Environmental Planning and Assessment Act 1979 (as amended), the proposal is considered to have a detrimental impact on the amenity of the immediate locality, including residential.

FURTHER THAT the matter be referred to a workshop to consider amending the Development Control Plan to manage this issue in future.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

For:

His Worship the Mayor, Councillor S McMahon, Deputy Mayor, Councillor C Hindi, Councillor V Badalati, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor D Perry, Councillor W Pickering, Councillor P Sansom

Against:

Councillor A Wagstaff


It was noted that Deputy Mayor Councillor Hindi left the Chamber at 7:34pm and did not return. His Worship the Mayor conveyed Cr Hindi's apologies to the Council.


Minute No. 1104
CCL170-12 PK - 9 FREEMAN AVENUE, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF 2/3 STOREY DWELLING WITH NEW INGROUND SWIMMING POOL (11/DA-324)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor J Jacovou / Seconded Councillor W Pickering)

For:

His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor A Istephan, Councillor J Jacovou, Councillor N Liu, Councillor W Pickering, Councillor P Sansom

Against:

Councillor D Perry, Councillor A Wagstaff

Not Present:

Deputy Mayor, Councillor C Hindi


Minute No. 1105
CCL171-12 PK - 5 ROBYN STREET, PEAKHURST HEIGHTS - ALTERATIONS TO DWELLING – PART ONE, PART TWO STOREY REAR ADDITION AND FAÇADE ALTERATIONS (12/DA-58)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor P Sansom / Seconded Councillor A Wagstaff)

For:

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

Against:


Not Present:

Deputy Mayor, Councillor C Hindi

It was noted that this item was carried unanimously.


Minute No. 1106
CCL172-12 PK - 62 CLARKE STREET, PEAKHURST - DEMOLITION OF THE EXISTING AND CONSTRUCTION OF NEW TWO STOREY DWELLING HOUSE WITH FRONT FENCE (11/DA-391)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)

For:

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

Against:


Not Present:

Deputy Mayor, Councillor C Hindi

It was noted that this item was carried unanimously.


MINUTES OF PREVIOUS MEETINGS

Minute No. 1107
CCL173-12 MINUTES: COUNCIL MEETING - 18/04/2012 (09/1229)
RESOLVED THAT the Minutes of the Ordinary Meeting of the Council held on the 18 April 2012 be adopted.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

COUNCIL ITEMS
Minute No. 1108
CCL174-12 RETURN OF THANKS (10/31)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)


Minute No. 1109
CCL175-12 SIX MONTH REPORT ON DLG PROMOTING BETTER PRACTICE REVIEW (10/2066)
RESOLVED THAT the information be received and noted.

FURTHER THAT the Division of Local Government be provided with a copy of this report including the status report.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)


Minute No. 1110
CCL176-12 2011 COMMUNITY BUILDING PARTNERSHIP PROGRAM - RIVERWOOD PARK (11/1704)
RESOLVED THAT Council accept the $35,000 grant as part of the 2011 Community Building Partnership to upgrade the children's playground in Riverwood Park.

THAT Council approve that the remaining $85,000 for the project be funded from the 2012/2013 Peakhurst Ward Revenue Works Program.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)


Minute No. 1111
CCL177-12 CENTRAL PLAZA DEVELOPMENT PROCESS (11/482)
RESOLVED That the report be received and noted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


Minute No. 1112
CCL178-12 ST GEORGE LEADER LOCAL BUSINESS AWARDS 2012 (12/198)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


Minute No. 1113
CCL179-12 APPLICATION FOR WINTER CRICKET AT GIFFORD PARK (D12/35261)
RESOLVED THAT permission be granted to the Sydney Junior Winter Cricket Association to conduct a winter cricket competition at Gifford Park for the 2012 Winter Sporting Season.

FURTHER THAT Sydney Junior Winter Cricket Association provide Council with a copy of its public liability insurance with a minimum cover of $10 million.
(Moved Councillor A Istephan / Seconded Councillor P Sansom)


Minute No. 1114
CCL180-12 QUESTIONS WITH NOTICE (09/1229)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)


Minute No. 1115
CCL181-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 5 -24 APRIL 2012 (11/1584)
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) (b) are regarded as being matters concerning the personal hardship or a resident or ratepayer.

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 A Istephan)


Minute No. 1116
CCL182-12 PROPERTY MATTER - NEW LEASE OVER 319 FOREST RD, HURSTVILLE (12/923)
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 P Sansom / Seconded Councillor A Istephan)


Minute No. 1117
CCL183-12 PROPERTY MATTER - NEW LEASE OVER SUITE 4C, HURSTVILLE HOUSE (12/924)
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 Councillor P Sansom / Seconded Councillor A Istephan)


QUESTIONS WITH NOTICE

Minute No. 1118
QWN018-12 BLUEFIT LEISURE - DIRECT DEBITING MEMBERS FOR BLUEFIT FOUNDATION (12/896)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor N Liu)

Minute No. 1119
QWN019-12 DEGREE OF LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

Minute No. 1120
QWN020-12 COUNCILLOR FACILITIES AND EXPENSES 2010-2011 (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor A Istephan / Seconded Councillor N Liu)

Minute No. 1121
QWN021A-12 UPDATE ON SEWAGE OVERFLOWS INTO LIME KILN BAY WETLANDS (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

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. 1122
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 P Sansom / Seconded Councillor V Badalati)
The Mayor called a short recess at 7:48pm.

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

The Meeting resumed at 7:54pm.


Minute No. 1123
COW027-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 5 - 24 APRIL 2012 (11/1584)
RESOLVED THAT Council endorse the recommendations of the PIN Review Committee held on 24 April 2012.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)
Minute No. 1124
COW028-12 PROPERTY MATTER - NEW LEASE OVER 319 FOREST RD, HURSTVILLE (12/923)
RESOLVED THAT Council approves the proposed lease terms and conditions as detailed in the 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 Councillor P Sansom / Seconded Councillor V Badalati)
Minute No. 1125
COW029-12 PROPERTY MATTER - NEW LEASE OVER SUITE 4C, HURSTVILLE HOUSE (12/924)
RESOLVED THAT Council approves the proposed terms and conditions as detailed in the 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 Councillor P Sansom / Seconded Councillor V Badalati)
Minute No. 1126
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

OPEN COUNCIL

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

Minute No. 1127
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 V Badalati / Seconded Councillor P Sansom)


CONCLUSION

The Meeting was closed at 7:55pm.

Minutes confirmed this 16th day of May, in the year two thousand and twelve.



_____________________________
Chairperson