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COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 16th May 2012


PRESENT

Council Members

His Worship the Mayor, Councillor S McMahon
Deputy Mayor, Councillor C Hindi
Councillor V Badalati
Councillor B Giegerl, OAM
Councillor A Istephan
Councillor J Jacovou
Councillor N Liu
Councillor D Perry
Councillor W Pickering, OAM
Councillor P Sansom
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 Engineering Services, Ms M Whitehurst
Manager Library Museum & Entertainment, Ms R Schulz
Manager Public Relations & Events, Ms T Abraham
Manager Community Services, Mr D Linden
Senior Traffic Engineer, Ms S Selim
Manager Corporate Governance & Records, Mrs K Garske
Manager Environmental Sustainability, Mr I Curtis
Governance Officer, Mr H Cavill
Manager Property Assets, Ms A Wilson
Manager Building Control, Mr M Alexander
Team Leader Development Assessment, Ms L Locke


OPENING

His Worship the Mayor, Councillor S McMahon opened the meeting at 7:04pm.

Following the National Anthem, the meeting was led in the Opening Prayer by His Worship the Mayor, Councillor S McMahon.

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 A Wagstaff.

Minute No. 1128
RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Councillor P Sansom / Seconded Councillor B Giegerl)


MAYORAL MINUTE

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

I propose that Council provides more community space in Penshurst Park. Sadly, due to dwindling membership and failing health, the Hurstville City Pensioners’ Bowling Club has surrendered its lease back to Council. In an effort to turn this negative into a positive, I recommend that Council create more open space in the area. Ten years ago, Council took some of Penshurst Park to construct the highly popular and successful Hurstville Aquatic Leisure Centre. We now have the opportunity to return some of the land back to the community. The proposal is similar to our plans to transform the former Mortdale Bowling Club site, which also suffered from lack of patronage, into a new community facility. All these projects form part of my pledge to get back to basics and provide more recreational spaces for local residents to enjoy.

I urge Council to call for Expressions of Interest from local sporting and/or community groups to use the well-maintained facility. The clubhouse is in excellent condition and has been well cared for by the club over the years. Council can remove the hedges and open up the existing bowling greens for the whole community to enjoy. However, the croquet grounds on the opposite end of the site will remain in situ and does not form part of this proposal. Eventually, Council can develop a Plan of Management for the area that takes into consideration what the community wants for this site. Ultimately, it ties in with our plans to create a series of open spaces linking Hurstville together and making the City more appealing.

As Council continues to celebrate its 125th anniversary, I propose we update the two-volume “History of Hurstville Council 1887-1992” to reflect Hurstville’s history over the past 25 years, as told in Council minutes, official records and photographs. Furthermore, I recommend we digitise the original two volumes to improve on-line access to our long history.

I wish to applaud Hurstville Fire Station on placing second at the recent Australasian Road Rescue Challenge held in Tasmania. The three day event was attended by 21 teams from throughout the region. The Hurstville team comprised Station Officer Clayton Allison, Station Officer Anthony Waller, Senior Firefighter Letitia Harris, Senior Firefighter Alan Rourke, Qualified Firefighter Matt Lynch and Qualified Firefighter Steve McDonnell. I congratulate our local firefighters on this outstanding achievement.

I move reception of the minute.

Minute No. 1129
RESOLVED THAT the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor S McMahon / Seconded Councillor A Istephan)


MATTERS OF PRIVILEGE

Condolences
There were no condolences reported.


Other matters
I wish to advise Council of the birth of a son, Jacob, to Pennie and Shan Lim on 3rd May 2012. Penny was Executive Assistant to the Mayor and Councillors. Both mother and baby are well. A floral arrangement has been sent on behalf of the Mayor, Councillors and Staff to Pennie and Shan congratulating them on the birth of their baby son.

I wish to advise Council of the birth of a son, Xavier, to Anthea and Cameron Desmond on 9th May 2012. Anthea is Council’s Media and Communications Officer. Both mother and baby are well. A floral arrangement has been sent on behalf of the Mayor, Councillors and Staff to Anthea and Cameron congratulating them on the birth of their baby son.

I wish to advise Council of the birth of a daughter, Avani, to Bryce and Melissa Spelta on 13th May 2012. Bryce is Council’s Asset Engineer. Both mother and baby are well. A floral arrangement has been sent on behalf of the Mayor, Councillors and Staff to Bryce and Melissa congratulating them on the birth of their baby daughter.


DISCLOSURES OF INTEREST

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

Councillor P Sansom noted a non-significant, non-pecuniary interest in an item from the Service Delivery, Child Care and Senior Citizens Policy Committee, SD008-12 Lugarno Spring Festival 2012 as he affiliated with the Lions Club.

Councillor V Badalati noted a non-significant, non-pecuniary interest in an item from the Service Delivery, Child Care and Senior Citizens Policy Committee, SD008-12 Lugarno Spring Festival 2012 as he affiliated with the Lions Club.


PLANNING ITEMS

Minute No. 1130
CCL184-12 PK - 63 ELWIN STREET, PEAKHURST - DEMOLITION OF EXISTING STRUCTURES, CONSTRUCTION OF A DETACHED DUAL OCCUPANCY, FRONT FENCE, SUBDIVISION INTO TWO (2) TORRENS TITLE ALLOTMENTS, AND INGROUND SWIMMING POOL TO DWELLING 1 (11/DA-404)
RESOLVED THAT the SEPP 1 Objection be supported.

THAT the application be approved in accordance with the conditions detailed in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

For:

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

Against:

It was noted that this item was carried unanimously.

Minute No. 1131
CCL185-12 PK - 30 BONDS ROAD, PEAKHURST - EXTENSION OF HOURS OF OPERATIONS TO APPROVED SERVICE STATION (12/DA-23)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

For:

His Worship the Mayor, Councillor S McMahon, Deputy Mayor, Councillor C Hindi, Councillor V Badalati, Councillor A Istephan, Councillor B Giegerl, Councillor N Liu, Councillor D Perry, Councillor P Sansom

Against:

Councillor J Jacovou, Councillor W Pickering


Minute No. 1132
CCL186-12 PK - 17 AMY ROAD, PEAKHURST - CONSTRUCT NEW OUTBUILDING (COVERED DECK) TO REAR OF PROPERTY (12/DA-51)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

For:

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

Against:

It was noted that this item was carried unanimously.


Minute No. 1133
CCL187-12 PK - 11 VIEW STREET, PEAKHURST HEIGHTS - ALTERATIONS TO REAR DECK, NEW BBQ, NEW REAR TERRACE WITH CABANA/SHOWER AND SWIMMING POOL (12/DA-68)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

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 B Giegerl, Councillor D Perry, Councillor W Pickering, Councillor P Sansom

Against:

It was noted that this item was carried unanimously.

Minute No. 1134
CCL188-12 PK - 4 TAFFS AVENUE, LUGARNO - SECTION 96 MODIFICATION TO APPROVED ALTERATIONS AND ADDITIONS – RELOCATION OF WINDOWS ON GROUND FLOOR AND FIRST FLOOR, ROOF PITCH ALTERATIONS AND RELOCATION OF POOL TO EASTERN SIDE OF YARD (2011/DA-152REV1)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.

FURTHER THAT the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

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 B Giegerl, Councillor P Sansom

Against:

It was noted that this item was carried unanimously.

It was noted that during discussion on the item above, Councillor V Badalati informally sought an amendment that there be no fine imposed, however this was declined by the mover of the motion, Cr Hindi.


Minute No. 1135
CCL189-12 PK - 35 GUNGAH BAY ROAD, OATLEY - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF NEW DETACHED DUAL OCCUPANCY DEVELOPMENT, SWIMMING POOLS AND TORRENS TITLE SUBDIVISION (11/DA-430)
RESOLVED THAT the application be refused as it does not comply with Council’s previous resolution in regards to streetscape and Council’s Development Control Plan.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

For:

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

Against:

Councillor V Badalati


Minute No. 1136
CCL190-12 PK - 46 DOUGLAS HAIG STREET, OATLEY - SECTION 96(1A) APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. 10/DA-388 INVOLVING ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING INCLUDING RETENTION OF UNAUTHORISED BUILDING WORK TO THE GARAGE (2010/DA-388REV1)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.

FURTHER THAT the matter be referred to the Manager Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council's adopted Enforcement Policy.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)

For:

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

Against:

It was noted that this item was carried unanimously.

It was noted that Cr Wong left the Chambers at 8:10pm and returned at 8:12pm during discussion on the following item.

Minute No. 1137
CCL191-12 PNS - 108 STONEY CREEK ROAD, BEVERLY HILLS - ADDITIONS TO COMMERCIAL PREMISES – ELEVATED STOREROOM TO REAR (11/DA-156)
RESOLVED THAT the application be refused due to excessive overshadowing and adverse impact on surrounding residents.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

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, Councillor B Giegerl

Against:


Minute No. 1138
CCL192-12 PNS - 27 CLARENCE STREET, PENSHURST - DEMOLITION OF THE EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE WITH BASEMENT PARKING AND A SINGLE STOREY CABANA WITH ATTACHED PERGOLA (12/DA-60)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.

THAT the construction of a privacy screen be added to the condition of consent.

FURTHER THAT a new boundary fence be constructed.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

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, Councillor B Giegerl

Against:

It was noted that this item was carried unanimously.


Minute No. 1139
CCL193-12 PNS - 30 CARRUTHERS STREET, PENSHURST - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF 2 X 3 BEDROOM ATTACHED DWELLINGS AS SMALL LOT HOUSING AND FRONT FENCE (11/DA-452)
RESOLVED THAT the application be deferred for a redesign in order to comply with Council’s DCP in regards to light well and first floor footprint.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

For:

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

Against:

Councillor W Pickering, Councillor V Badalati, Councillor B Giegerl


Minute No. 1140
CCL194-12 PNS - 2-4 LOADER AVENUE, BEVERLY HILLS - TORRENS TITLE SUBDIVISION OF APPROVED MULTIPLE DWELLINGS (THREE LOTS) (11/DA-283)
RESOLVED THAT the SEPP 1 Objection not be supported.

THAT the application be refused in accordance with the reasons stated 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 P Sansom

Against:

Councillor W Pickering, Deputy Mayor, Councillor C Hindi

It was noted that Cr N Liu left the Chambers at 8:48pm, and returned at 8:50pm during discussion on the following item.

Minute No. 1141
CCL195-12 HUR - 127 BASSETT STREET, HURSTVILLE - SECTION 96 MODIFICATION TO APPROVED DWELLING – EXTENSION OF BASEMENT (2011/DA-9REV1)
RESOLVED THAT the application be refused for the reasons stated in the report.

FURTHER THAT the matter be referred to the Manager – Building Control to take appropriate action under Part 6 of the Environmental Planning and Assessment Act 1979 in accordance with Council’s adopted Enforcement Policy.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



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:

It was noted that this item was carried unanimously.


Minute No. 1142
CCL196-12 HUR - 54 PONYARA ROAD, BEVERLY HILLS - SECTION 96 MODIFICATION TO APPROVED DWELLING ADDITIONS – INSTALL NEW WINDOWS TO REAR, NEW DOOR IN GARAGE AND INTERNAL ALTERATIONS (2005/DA-561REV2)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)



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:

It was noted that this item was carried unanimously.

The Mayor called a brief recess at 8:57pm.

The Council Meeting resumed at 9:06pm, without Cr A Istephan in attendance.

MINUTES OF PREVIOUS MEETINGS

Minute No. 1143
CCL222A-12 MINUTES: FINANCE PROPERTY & PROJECTS COMMITTEE - 16/05/2012 (09/1213)
RESOLVED THAT the Minutes of the Finance, Property and Projects Committee held on the 16 May 2012 be adopted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

Minute No. 1144
CCL223A-12 MINUTES: SERVICE DELIVERY CHILD CARE POLICY & SENIOR CITIZENS POLICY COMMITTEE - 16/05/2012 (09/1215)
RESOLVED THAT the Minutes of the Service Delivery, Child Care Policy and Senior Citizens Policy Committee held on the 16 May 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1145
CCL224A-12 MINUTES: POLICY PLANNING ENVIRONMENT & MASTER PLAN IMPLEMENTATION COMMITTEE - 21/03/2012 (09/1216)
RESOLVED THAT the Minutes of the Policy, Planning, Environment and Masterplan Implementation Committee held on the 16 May 2012 be adopted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor D Perry)
Minute No. 1146
CCL197-12 MINUTES: COUNCIL MEETING - 02/05/2012 (09/1229)
RESOLVED THAT the Minutes of the Ordinary Meeting of the Council held on the 2 May 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1147
CCL198-12 MINUTES: ABORIGINAL ADVISORY COMMITTEE - 02/04/2012 (09/219)
RESOLVED THAT the Minutes of the Aboriginal Advisory Committee held on the 2 April 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1148
CCL199-12 MINUTES: ACCESS ADVISORY COMMITTEE - 10/04/2012 (09/1220)
RESOLVED THAT the Minutes of the Access Advisory Committee held on the 10 April 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1149
CCL200-12 MINUTES: TRAFFIC ADVISORY COMMITTEE - 03/05/2012 (09/345)
RESOLVED THAT the Minutes of the Traffic Advisory Committee held on the 3 May 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1150
CCL220A-12 MINUTES: MULTICULTURAL ADVISORY COMMITTEE - 03/04/2012 (09/224)
RESOLVED THAT the Minutes of the Multicultural Advisory Committee held on the 3 April 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1151
CCL221A-12 MINUTES: COMMUNITY SAFETY COMMITTEE - 17/04/2012 (09/1217)
RESOLVED THAT the Minutes of the Community Safety Committee held on the 17 April 2012 be adopted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)
COUNCIL ITEMS

Minute No. 1152
CCL201-12 RETURN OF THANKS (10/31)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1153
CCL202-12 CERTIFICATE OF CASH AND INVESTMENTS AS AT 30 APRIL 2012 (12/119)
RESOLVED THAT the report be received and noted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

It was noted that Councillor A Istephan returned to the Chambers at 9:09pm.

Minute No. 1154
CCL203-12 CONCESSIONAL RENTAL APPLICATIONS 2012-2013 (12/605)
RESOLVED THAT concessional rental subsidies for financial year 2012-2013 totalling $153,561.00 as outlined in the report be approved and funded.

THAT applicants receiving concessional rental subsidies from Council be advised of such and reminded that they must acknowledge Council's sponsorship on all of their promotional material (tickets, flyers, brochures etc), in any advertising, programs and at the event/function.

THAT Council receive and note the previously approved concessional rentals for 2012-2013 to the value of $144,977.37 as outlined in the report.

FURTHER THAT the fees for Kingsgrove Community Aid be waived, an in future if CASS applies for a similar use, the same concession be granted.
(Moved Councillor C Wong / Seconded Councillor V Badalati)

Councillor C Hindi requested a division, but as there was no second His Worship the Mayor, Cr McMahon denied the request.


Minute No. 1155
CCL204-12 INVITATION - POLE DEPOT MUSICAL NIGHT AT THE GARDENS ON FOREST (12/40)
RESOLVED THAT Council purchases a table of 10 for the event.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1156
CCL205-12 INVITATION - ST GEORGE DISTRICT POLICE CHARITY BALL (12/40)
RESOLVED THAT interested Councillors and their partners be allowed to attend the event, up to one table.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

It was noted that Councillor C Wong left the Chambers at 9:13pm.


CCL206-12 ONE ASSOCIATION - DELEGATES FOR VOTING (12/229)
Councillor Hindi moved the following motion:

THAT the following Councillors be appointed as delegates: Councillor Sansom, Councillor Perry, Councillor Giegerl and Councillor Jacovou.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

The motion was defeated on voices. A show of hands showed the votes to be tied, so His Worship the Mayor, C S McMahon used his casting vote and declared the motion lost.

Councillor Badalati then moved the following:

Minute No. 1157
RESOLVED THAT the following Councillors be appointed as delegates: Councillor Sansom, Councillor Perry, Councillor Giegerl and Councillor Badalati.
(Moved Councillor V Badalati / Seconded Councillor P Sansom)

The motion was declared carried on voices and a show of hands.


Minute No. 1158
CCL207-12 LOCAL GOVERNMENT ASSOCIATION CONFERENCE 2012 (12/1018)
RESOLVED THAT Council commences arrangements for Councillor attendance at the 2012 Local Government Association of NSW Annual Conference.

FURTHER THAT the matter of Voting Delegates and attendance be referred back to Council following the Local Government Elections on 8 September 2012.
(Moved Councillor P Sansom / Seconded Councillor W Pickering)


Minute No. 1159
CCL208-12 PROPOSED SURRENDER OF LEASE - "PARKVIEW" HURSTVILLE CITY PENSIONERS' BOWLING CLUB, PENSHURST (04/1779-2)
RESOLVED THAT Council accepts the surrender of the Deed of Lease between The Council of the City of Hurstville and the "Parkview" Hurstville City Pensioners' Bowling Club" dated 25 January 2000.

THAT Council supports the opportunity to return parts of this area to open space, and retains the clubhouse for expressions of interest for community use.

FURTHER THAT "Parkview" Hurstville City Pensioners' Bowling Club be thanked for their contribution to the local community over many years.


(Moved Councillor V Badalati / Seconded Councillor P Sansom)

It was noted that this item was carried unanimously.


Minute No. 1160
CCL209-12 DETERMINATION OF DEVELOPMENT APPLICATIONS AND LEGAL MATTERS BY COUNCIL IN CARETAKER PERIOD (07/1402)
RESOLVED THAT pursuant to Section 377(1) of the Local Government Act 1993, the Council delegates to the General Manager authority to determine applications under the Environmental Planning and Assessment Act 1979 (as amended) and related legal matters subject to the concurrence of the Mayor.

THAT the delegations operate for the period between the last Council meeting of this Council's term until the first Council Meeting of the new Council.

THAT all other delegations remain unaffected by this delegation.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

It was noted that Councillor C Wong returned to the Chambers at 9:22pm.


CCL210-12 CIVIC OFFICE EXPENSES POLICY REVIEW - 8 SEPTEMBER 2012 (12/287)
Councillor Hindi mover the following motion:

THAT the matter be deferred.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)

However the motion was declared lost on voices and a show of hands. A division was requested:


For:

Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou

Against:

His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor N Liu, Councillor D Perry, Councillor W Pickering, Councillor P Sansom, Councillor B Giegerl

The motion was declared lost.

Councillor V Badalati then moved the following:

Minute No. 1161
RESOLVED THAT the issues of concern raised in the public consultation as submitted be received and noted.

THAT the draft revised Civic Office Expenses Policy (as attached in the Appendix) and the amendments as outlined in this report, be adopted to become effective from 8 September 2012.

THAT the persons who made submissions be provided with a copy of this report reviewing of the Civic Office Expenses Policy.

FURTHER THAT the Division of Local Government be advised of Council's decision in accordance with S253 (4) of the Local Government Act.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)

The motion was declared carried on voices and a show of hands. A division was requested:


For:

His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor N Liu, Councillor D Perry, Councillor W Pickering, Councillor P Sansom, Councillor B Giegerl

Against:

Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor J Jacovou

The motion was declared carried.

It was noted the during discussion on the preceding motion, Deputy Mayor Councillor C Hindi left the Chambers at 9:34pm and returned at 9:35pm.


Minute No. 1162
CCL211-12 JUBILEE PARK CONCEPT PLAN (11/1850)
RESOLVED THAT Council endorse the Concept Plan for Jubilee Park and the Jubilee Park Community Centre.

FURTHER THAT Council engage a Consultant to commence a Plan of Management for Jubilee Park to be funded from Commercial Properties Jubilee Park Budget.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

It was noted that this was carried unanimously.


Minute No. 1163
CCL212-12 STATE BUDGET FUNDING FOR CAPITAL WORKS (11/1145)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


Minute No. 1164
CCL213-12 DRAFT POLICY FOR USE OF PUBLIC SPACES BY FITNESS INSTRUCTORS AND / OR PERSONAL TRAINERS (CD12/12)
RESOLVED THAT the Use of Public Open Space by Fitness Instructors and / or Personal Trainers be placed on Public Exhibition for a period of thirty (30) days.

THAT feedback from the Public Exhibition period be tabled at a future Council Meeting.

FURTHER THAT Peter Low Reserve be added to the list of approved sites.
(Moved Councillor V Badalati / Seconded Councillor W Pickering)


Minute No. 1165
CCL214-12 POSITIVE AGEING STRATEGY (11/1947)
RESOLVED THAT the Positive Ageing Strategy be adopted.

FURTHER THAT the Division of Local Government be advised of this decision.
(Moved Councillor C Wong / Seconded Councillor V Badalati)


Minute No. 1166
CCL215-12 GEORGES RIVER COMBINED COUNCILS COMMITTEE (GRCCC) HOSTING REQUEST (08/2287)
RESOLVED THAT Council accept the Georges River Combined Councils Committee (GRCCC) request that it continue to host the Committee for the period 12 September 2012 to 1 September 2016.

THAT Council write to the GRCCC advising it of Council’s decision on this matter.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1167
CCL216-12 QWN20-12 - COUNCILLOR FACILITIES AND EXPENSES 2010-2011 (09/1229)
RESOLVED THAT the matter be received and noted.

FURTHER THAT no further action be taken.

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


Minute No. 1168
CCL217-12 RESPONSES TO QUESTIONS WITH NOTICE (09/1229)
RESOLVED THAT the information be received and noted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

It was noted that Councillor W Pickering sought to ask further Questions without notice, which were directed to the General Manager, Mr V Lampe.


Minute No. 1169
CCL218-12 PROPERTY MATTER - NEW LEASE OVER 292-298 FOREST ROAD, HURSTVILLE (C06/3-3)
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)


Minute No. 1170
CCL219-12 LEGAL ADVICE - BASSEM JAWAD V HURSTVILLE CC - LAND & ENVIRONMENT COURT PROCEEDINGS 10363 OF 2012 - 15 MACPHERSON STREET, HURSTVILLE (11/DA-285)
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) (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 A Istephan)


QUESTIONS WITH NOTICE

Minute No. 1171
QWN022-12 LINE BY LINE LIST OF ALL EXPENSES BY INDIVIDUAL COUNCILLORS IN 2010-2011 (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1172
QWN023-12 SEWAGE OVERFLOWS AT CLARKE ST, PEAKHURST AND MYLES DUNPHY RESERVE IN MARCH 2012 (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1173
QWN024-12 COST TO COUNCIL OF 2011 LGMA NATIONAL CONGRESS & BUSINESS EXPO IN CAIRNS (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1174
QWN025-12 COST TO COUNCIL OF CONFERENCES ATTENDED BY COUNCILLORS FROM 1 JULY 2010 TO 30 JUNE 2011 (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1175
QWN026-12 COST TO COUNCIL OF BACKGROUND REPORTS AND STUDIES FOR CITY CENTRE PLANNING REVIEW PROCESS (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / 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. 1176
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 C Wong)

The Mayor called a brief recess at 9:59pm.

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

The Meeting resumed at 10:05pm, without Cr Perry, Cr Pickering, Cr Jacovou and Cr Wong in the Chambers.

It was noted that Councillors Pickering and Perry returned to the Chambers at 10:07 during discussion of the following item.

It was noted that Councillors Jacovou and Wong returned to the Chambers at 10:08 during discussion of the following item.


Minute No. 1177
COW030-12 PROPERTY MATTER - NEW LEASE OVER 292-298 FOREST ROAD, HURSTVILLE (C06/3-3)
THAT Council approves the proposed lease terms and conditions as detailed in the report.

THAT there will be a special condition in the lease regarding the demolition clause that may be executed anytime after the first six months, giving at least six months notice to the Lessee.

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 Deputy Mayor, Councillor C Hindi)
Minute No. 1178
COW031-12 LEGAL ADVICE - BASSEM JAWAD V HURSTVILLE CC - LAND & ENVIRONMENT COURT PROCEEDINGS 10363 OF 2012 - 15 MACPHERSON STREET, HURSTVILLE (11/DA-285)
THAT Council instruct its solicitors to defend the appeal.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

Minute No. 1179
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor A Istephan)

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

Minute No. 1180

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 A Istephan)


CONCLUSION

The Meeting was closed at 10:25pm.

Minutes confirmed this 6th day of June, in the year two thousand and twelve.



_____________________________
Chairperson

COUNCIL MEETING

APPENDIX – COMMITTEE ITEMS


FINANCE PROPERTY AND PROJECTS


FIN005-12 RATE PAYMENT OPTIONS - OVER THE COUNTER AT COMMONWEALTH BANK (11/1304)
RESOLVED THAT as at 1 July 2012 Council no longer accept payment of rates over the counter at the Commonwealth Bank.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)



FIN006-12 NON-RATEABLE LAND CLASSIFICATION - INTERNATIONAL COMMUNITY FELLOWSHIP INC (10/2401)
RESOLVED THAT Council grant rate exemption under Section 555 (1)(e)(iii) of the Local Government Act to International Community Fellowship Inc. in respect of their property at 4 Carrington Avenue, Hurstville.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)



POLICY PLANNING ENVIRONMENT AND MASTER PLAN IMPLEMENTATION COMMITTEE

PPE004-12 UPDATE ON THE PREPARATION OF THE DRAFT SECTION 94 CONTRIBUTIONS PLAN 2012 (06/1163-2)
RESOLVED THAT the information in this report be received and noted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor D Perry)



PPE005-12 STATUS REPORT ON DRAFT HURSTVILLE LOCAL ENVIRONMENTAL PLANS 2011 (11/2137)
RESOLVED THAT Council receive and note the information in this report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor D Perry)



SERVICE DELIVERY CHILD CARE POLICY AND SENIOR CITIZENS COMMITTEE

SD006-12 KINGSGROVE COMMUNITY CENTRE'S CHILDREN'S DAY 2012 (D12/45285)
RESOLVED THAT the report be received and noted
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



SD007-12 REQUEST TO LODGE A DEVELOPMENT APPLICATION AT GANNONS PARK (D12/45682)
RESOLVED THAT Council, as owner of the land, approve the lodgment of the Development Application and subsequent Construction Certificate to extend the existing canteen/amenities building .

THAT the usually applicable Damage Deposit and related inspection fee associated with Construction Certificate Application be waived.

FURTHER THAT Lugarno Football Club be informed of Council's decision.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



SD008-12 LUGARNO SPRING FESTIVAL 2012 (D12/45864)
RESOLVED THAT the Lions Club of Lugarno be permitted to use Gannons Park from Thursday, 20 September 2012 to Saturday 22th September to setup provided schools and Georges River District Cricket Association are contacted and setup is around existing bookings, and all day Sunday, 23 September 2012 being the Festival.

THAT the Lions Club of Lugarno 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 the Lions Club of Hurstville 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 $10 million.

THAT Council provide the Lions Club of Lugarno with all requested materials, to be funded from Additional Donations Budget.

THAT Council hire a generator to meet the power needs of the Lugarno Lions to be located near the cricket nets.

THAT the park hire fee be waived, however a damage deposit of $1066.00 be imposed.

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 Lions Club is notified of this requirement.

THAT the Lions Club of Hurstville need to contact Council’s Environmental Health Officer as soon as possible to advise of food stalls and vendors.

THAT permission be granted to use the middle portion of Gannons Park between Ernest St and Kara Lane to accommodate an overflow of public parking.

FURTHER THAT Council reserves the right to withdraw this authority in the case of prolonged inclement weather.

(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



SD009-12 CONCESSIONAL RENTAL - PARKS AND RESERVES (11/492)
RESOLVED THAT Council waive the standard booking fee of $375.00 for all the events listed in the table contained in this report.

FURTHER THAT, a refundable cleaning deposit of $213.00 or a damage deposit of $1,066.00 as applicable be imposed according to the recommendation in the same table as applications are lodged.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



SD010-12 PROPOSED FLOOD MANAGEMENT PLAN FOR COOKS RIVER & WOLLI CREEK CATCHMENTS (12/829)
RESOLVED THAT Hurstville City Council participate in the proposed flood management plan for Cooks River and Wolli Creek Catchments.

FURTHER THAT the required funding for the proposed flood management study be allocated from the 2012-2013 Drains M & R Budget.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)



SD011-12 AMENDMENT TO ALLOCATION OF BUILDING MAINTENANCE INFRASTRUCTURE PLUS FUNDS FOR 2012/13 (11/1622)
RESOLVED THAT Council approve the installation of timber decking and new handrails at the Booth Saunders Pavilion as part of the 2012/13 Building Maintenance Infrastructure Plus Program.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)