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EXTRAORDINARY COUNCIL MEETING

NOTICE OF MEETING
Wednesday, 30th May 2012


Thursday 24 May 2012


His Worship The Mayor and Councillors

I have by direction to inform you that a meeting of the Extraordinary Council Meeting of the Council will be held at the Civic Centre, Hurstville on Wednesday, 30th May 2012 at 7.00 pm for consideration of the business available on Council's website at http://www.hurstville.nsw.gov.au/Agendas-and-Minutes.

Victor G D Lampe
General Manager


BUSINESS

1. Apologies

2. Disclosures of Interest

3. Consideration of reports


COUNCILLORS

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 A Wagstaff
Councillor C Wong
No Mover
No Seconder

The Quorum for the meeting is 7

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EXTRAORDINARY COUNCIL MEETING

SUMMARY OF ITEMS
Wednesday, 30th May 2012

ITEMS

ECM003-12 QUARTERLY FINANCIAL REVIEW - MARCH 2012 (SF12/196)
(Report by Chief Financial Officer, Ms K Foldi)


ECM004-12 MARCH QUARTERLY REVIEW - MANAGEMENT PLAN 2011-15 (11/576)
(Report by Manager Corporate Planning, Mr E Mishra)


ECM005-12 DELIVERY PROGRAM 2012-16 & OPERATIONAL PLAN 2012-13 (11/2132)
(Report by Manager Corporate Planning, Mr E Mishra and Chief Financial Officer, Ms K Foldi)


ECM006-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 6 - 22 MAY, 2012 (11/1584)
(Report by Manager Environmental Services, Mr G Dickens)


ECM007-12 CONSTRUCTION OF THE HURSTVILLE GOLF COURSE STORMWATER HARVESTING AND REUSE SCHEME - TENDER NO. 12/851 (12/851)
(Report by Manager Environmental Sustainability, Mr I Curtis and Manager Contracts, Mrs S Geadah)


ECM008-12 TENDER FOR THE DEMOLITION OF MORTDALE BOWLING CLUB (12/750)
(Report by Manager Engineering Services, Mrs M Whitehurst)


ECM009-12 TENDER FOR THE PREPARATION OF A TRANSPORT MANAGEMENT AND ACCESSIBILITY PLAN (TMAP) FOR HURSTVILLE CITY CENTRE (12/839)
(Report by Senior Traffic Engineer, Ms S Selim)


ECM010-12 LIME KILN CREEK - QUOTATIONS FOR A FLOOD STUDY (SF12/211)
(Report by Manager Infrastructure Planning, Mr O Wijayaratna)

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ECM003-12QUARTERLY FINANCIAL REVIEW - MARCH 2012
Report Author(s)Chief Financial Officer, Ms K Foldi
FileSF12/196
Reason for ReportFor approval
Existing Policy?YesNew Policy Required?No
Financial ImplicationsYes, outside of existing budget
Previous Reports ReferencedNo



EXECUTIVE SUMMARY

This report is a review of the third quarter's financial performance against the 2011/12 Budget and recommends approval of budget variances in line with the revised annual forecast.


AUTHOR RECOMMENDATION

THAT the report in relation to the March 2012 Quarterly Financial Review be received and noted.

THAT the recommended budget changes as shown in the Revised Full Year Forecast be approved.

FURTHER THAT Council vote an additional $140,000.00 from Section 94 - Drainage-Georges River for additional expense on the Boronia Parade, Lugarno drainage project.


REPORT DETAILS

Clause 203 of the Local Government (General) Regulation 2005 requires that a quarterly budget review be considered by Council that shows current estimates for income and expenditure for the year, indicates whether Council’s financial position is satisfactory and makes recommendations for remedial action where needed.

Quarterly Budget Review Statements attached to this report provide a comprehensive high level review of Council’s financial position at 31st March 2012, in accordance with the Code of Accounting Practice and Financial Reporting.

This quarterly financial review forecasts an improvement of $31k in Operating Result after Capital Amounts to a surplus of $36k. Council's Cash Budget is also forecast to improve by $468k to a surplus of $365k. The increase in Councils cash is mainly attributed to the unexpected maturity of one CDO investment, Green, as well as additional interest income greater than budget.

It should be noted that a significant portion of the budgets for the Peakhurst Industrial Stormwater (Golf Dam) and Webbs Dam projects have been moved to the 2012/13 budget as they are due to commence in June 2012.

The following table summarises the March Quarterly Review Full Year Forecast and compares it to the Current Forecast (which includes resolutions of Council since the approval of the December Quarterly Review Full Year Forecast).



The following table provides a breakdown of key variances that contributed to the Revised Full Year Forecast.




COMMITTEE RECOMMENDATION - ECM

THAT the report in relation to the March 2012 Quarterly Financial Review be received and noted.

THAT the recommended budget changes as shown in the Revised Full Year Forecast be approved.

FURTHER THAT Council vote an additional $140,000.00 from Section 94 - Drainage-Georges River for additional expense on the Boronia Parade, Lugarno drainage project.

(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX
Q3 Budget Review Statement.pdf


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ECM004-12MARCH QUARTERLY REVIEW - MANAGEMENT PLAN 2011-15
Report Author(s)Manager Corporate Planning, Mr E Mishra
File11/576
Reason for ReportFor information
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedYes



EXECUTIVE SUMMARY

This report comprises the third quarter review of performance made against the Management Plan 2011-2015 and is submitted for the information of Council and the community.



AUTHOR RECOMMENDATION

THAT the report be received and noted.

FURTHER THAT Council publish the Third Quarter Report by posting it on Council's website.


REPORT DETAILS

The Local Government Act (1993) requires that Council prepare and adopt an annual Management Plan and that Quarterly Reports be presented to Council identifying progress against the Management Plan. The current Management Plan was adopted on 25 May 2011 (CCL090-11). The Management Plan is designed to steer the work program over the next four years and to identify specific initiatives to be implemented. The Third Quarter Progress Report for the Management Plan 2011-2015 is attached.

Council is on track to deliver the commitments made in the Management Plan.

At the third quarter mark, the financial performance of Council is on target to deliver program outcomes within Budget. The end of year forecast against the current budget shows an improvement of $31,000 in the Operating result and an improved cash position of $468k. For details please see the Quarterly Financial Review – March 2012 also being presented at this meeting. (30 May 2012).

Significant achievements over the third quarter include:



COMMITTEE RECOMMENDATION - ECM

THAT the report be received and noted.

FURTHER THAT Council publish the Third Quarter Report by posting it on Council's website.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)





APPENDIX
Q3 Report.pdf


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ECM005-12DELIVERY PROGRAM 2012-16 & OPERATIONAL PLAN 2012-13
Report Author(s)Manager Corporate Planning, Mr E Mishra and Chief Financial Officer, Ms K Foldi
File11/2132
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedYes



EXECUTIVE SUMMARY

In accordance with Section 404 of the Local Government Act 1993, Council's Draft Delivery Program 2012-16 & Operational Plan 2012-13, and Draft Schedule of Fees & Charges 2012-13 were prepared and placed on public exhibition from 12 April to 11 May 2012. After considering all submissions, Council is required to adopt the Delivery Program 2012-16 & Operational Plan 2012-13, and Schedule of Fees & Charges 2012-13 so that the documents come into effect from 1 July 2012.



AUTHOR RECOMMENDATION

THAT Council adopts the exhibited Delivery Program 2012-16 & Operational Plan 2012-13 with amendments as detailed in the body of this report.

THAT Council adopts the exhibited Schedule of Fees & Charges 2012-13 with amendments as detailed in the body of this report.

THAT Council makes and levies Waste Management Charges as published in the Delivery Program 2012-16 & Operational Plan 2012-13 and Schedule of Fees & Charges 2012-13.

THAT Council place the additional increase in Waste Management Charges of $18 per household as outlined in the amended Schedule of Fees & Charges 2012-13 for public comment.

THAT Council be provided with a report on the feedback from the public on the additional Waste Management charge.

THAT Council makes and levies the Rates for 2012-2013 as detailed in the Delivery Program 2012-16 & Operational Plan 2012-13.

THAT Council grants eligible pensioners the prescribed mandatory rebate and maintain the current level of the voluntary pensioner rebates for the coming year commencing 1 July 2012 and ending 30 June 2013 as outlined in the report.

FURTHER THAT Council notes that three public submissions and one from a Councillor were received in relation to the Delivery Program 2012-16 & Operational Plan 2012-13.


REPORT DETAILS

Background
At its Council Meeting held on 4 April 2012, Council resolved that the Draft Delivery Program 2012-16 & Operational Plan 2012-13, and Draft Schedule of Fees & Charges 2012-13 be placed on public exhibition for thirty (30) days from 12 April 2012.

Council also endorsed the Director Administration to make minor modifications to any numerical, typographical, interpretation and/or formatting adjustments if required, in the finalisation of the Draft Delivery Program 2012-16 & Operational Plan 2012-13, and Draft Schedule of Fees & Charges 2012-13. These changes were made prior to the public exhibition period which closed on 11 May 2012.

The public exhibition was advertised in the St George and Sutherland Shire Leader on 12 April 2011 and available at the Civic Centre and at Hurstville and Penshurst Libraries. The Draft Delivery Program 2012-16 & Operational Plan 2012-13, and Draft Schedule of Fees & Charges 2012-13 were also posted on Council's website. Following the exhibition period, this report is now presented to the Council advising of any submissions received relating to the Draft Delivery Program 2012-16 & Operational Plan 2012-13, and Draft Schedule of Fees & Charges 2012-13.

Submissions
Four public submissions were received during the exhibition period relating to the Delivery Program 2012-16 & Operational Plan 2012-13. The issues raised and responses to them are summarised as follows:
(
Where changes have been made to the documentation they are noted with the appropriate responses.)

Issue: Stormwater Management

The development of a Stormwater Drainage Policy requires undertaking a Flood Study for the LGA. Significant resources are needed and must take account of completing demands and budgetary constraints. The Stormwater Drainage Management Policy is dependent on funding necessary to complete a flood study. Also no funding is available to investigate feasibility of funding in 2012-13 given other competing priorities.
However, under Action B.1.1 (page 41) – ‘Promote environmentally sustainable practices at Development Assessments stage of proposals’ ensures that local development applications take account of drainage issues. Developers undertake studies, as required, at the local catchment level before plans are approved.
The Budget allows for basic maintenance including an allowance to obtain CCTV footage of a percentage of Council’s stormwater system. Renewal of the stormwater infrastructure is not within the budget given the competing priorities and funding limitations. (No changes made to documentation.)

Issue: Introduce Environmental Levy in 2012/13 to fund environmental activities including stormwater drainage and bushland management. (2 submissions)
The preparation of an Environmental Levy or Special Rate Variation requires a substantial commitment in developing a proposal and successfully delivering it. This action is proposed for 2014/15 Under Item B .1.1.1.8 (page 14) – Develop a proposal for an Environmental Levy to help fund activities that protect or improve the local environment. (No changes made to documentation.)

Issue: Maintenance of the Lime Kiln Bay wetlands. (1 submission)
Council undertakes bush regeneration and bushland maintenance on a regular basis. A group of volunteers support this effort. Gross pollutant traps (GPT) are cleaned as required. Only recently Sydney Water dredged the area to remove sediments. Additionally, a performance measure for the ‘Quality of water at specific locations e.g. Lime Kiln Bay and Jewish Bay’ is included under B1 (page 28) - Lime Kiln Bay - Long term improvement in Riverhealth assessment.

Issue: Environmental audit of the Peakhurst Industrial estate (2 submissions)
A Budget Bid for this work was prepared for the 2012/13 Budget. However, Council resolved not to include this in the 2012/13 Budget.

Issue: DLG’s Promoting Better Practice Report Actions specifically relating to Risk Management Plan, Fraud Control Policy, Assets - Acquisition and Disposal Policy, Program for monitoring compliance with environmental requirements and Program for monitoring compliance with public health legislation – to be included in the Operational Plan if they are not completed in 2011-12. (1 submission)
An update on actions relating to DLG’s Promoting Better Practice Report is provided regularly to Council and the last was at its meeting on 2 May 2012 (CCL 175-12). The action is covered under D 4.9 (page 50) – ‘Complete actions arising from the DLG Promoting Better Practice Review as per timelines identified by end of June 2013’.

Issue: A program of bimonthly community forums before Council meetings in Hurstville City Council Chambers. (1 submission)
Council may consider the benefits and timing of future community forums.


Comments relating to Performance Measures or Actions.

This indicator has been added (See page 28) - Sediment/rubbish removed from sedimentation ponds and gross pollutant traps (GPT).
An assessment is being done under Action C.5.3 (page 45) - Develop TMAP (Transport Management Access Plan) for Hurstville Central Business District. Usage/occupancy rates will be part of future development.
Square metres of road re-sheeted or footpaths repaved and/or reconstructed do not accurately reflect the complexity of the works or resources required. Currently the Public Works Section and the Appendices in the Annual Report 2010-11 cover work and expenditure on Council assets. Square metres constructed can be included in future annual reports.
Council inspects high/medium risk premises and reports to Council as part of its Quarterly Performance (Balance Score Card Graph 4a). As at end of March 2012, 303 inspections were done of the total 442 planned for 2011-12 as part of Council’s partnership with the Food Authority of NSW.
This is addressed under Action D.4.3.16 (Page 22 & 49) – ‘Review Electronic Business Paper tool to streamline current business process’. The business papers will reflect the four-pillar framework and is to be completed by the first quarter of 2012-13.
ESD principles are being built into DCPs as they are progressively updated. See C.1.1.3 (page 18) - Review environmental provisions in DCPs for all development types. For others they are checked at the Development Assessment stage.
As public health is an environmental issue it has been placed in this location.
A comprehensive public health program also focuses on being proactive. However issues will arise where timely and appropriate responses will be necessary.
B.2.4 matches directly to the same item in the Community Strategic Plan 2021 (page 23) - Improve passive recreation facilities (e.g. picnic areas/open spaces) - which is part of improving the community’s public health.
Changes made on Page 42 of documentation. B.4 and B.4.1 added.

Issue: Assets and capital expenditure (1 submission)
Council has developed a balanced budget, in line with the Community Strategic Plan and within the financial constraints experienced by NSW Councils. It has been identified that Council needs to continue to invest in infrastructure renewal and this has been factored into the Long Term Financial Plan and Strategic Asset Management Plans.

Issue: Councillor Expenses (2 submission)
The Budget for 2012/13 includes Councillor expenditure across many categories including Members Expenses, Communication and Printing & Stationery. The budget is presented in a consistent manner to our year end financial statements and the DLG's Code of Accounting Practice and Financial Reporting.

It is also worth noting that whilst the budget for Members Expenses is higher in 2012/13 than in previous years, this is as a result of the Local Government Elections in September 2012. It is anticipated that new Councillors will require additional training and Council have also budgeted a thorough induction program for all Councillors at the commencement of the new Council term.

Amendments to the Delivery Program 2012-16 & Operational Plan 2012-13, and Schedule of Fees & Charges 2012-13
o Textual Additions:
Text, graphs and tables in the Delivery Program 2012-16 & Operational Plan 2012-13 have been modified to reflect updates, progress made with projects to date, any new actions and budgetary changes. o Schedule of Fees & Charges 2012-13
Page 24 Waste and Recycling Management
I01 Waste Service Charge - Domestic Waste - Charge per service (s.496) and Non-rateable property increased from $302 to $320

Over the past month, Council have been advised by its contactors of increases affecting its waste disposal fees. Increases in disposal costs, particularly those associated with the Waste Levy and Carbon Tax, mean Council will be required to increase its annual Domestic Waste Charge to $320.00 per household to offset the additional expense. Given this increase it is recommended Council give the community the opportunity to provide feedback and a subsequent report will be submitted to Council outlining any submissions received.

o 2012-13 Budget
Since the 2012/2013 Draft Budget was put on public exhibition, further progress has been made against 2011/12 Programs. They have led to a number of changes which are now reflected in the Delivery Program 2012-16 & Operational Plan 2012-13 submitted for adoption. Below is a summary of the key changes to the Budget since the Public Exhibition:

The changes are reflected in the variance column in the table below.
CHANGES PRIOR TO ADOPTION OF 2012-2013 BUDGET



COMMITTEE RECOMMENDATION - ECM

THAT Council adopts the exhibited Delivery Program 2012-16 & Operational Plan 2012-13 with amendments as detailed in the body of this report.

THAT Council adopts the exhibited Schedule of Fees & Charges 2012-13 with amendments as detailed in the body of this report.

THAT Council makes and levies Waste Management Charges as published in the Delivery Program 2012-16 & Operational Plan 2012-13 and Schedule of Fees & Charges 2012-13.

THAT Council place the additional increase in Waste Management Charges of $18 per household as outlined in the amended Schedule of Fees & Charges 2012-13 for public comment.

THAT Council be provided with a report on the feedback from the public on the additional Waste Management charge.

THAT Council makes and levies the Rates for 2012-2013 as detailed in the Delivery Program 2012-16 & Operational Plan 2012-13.

THAT Council grants eligible pensioners the prescribed mandatory rebate and maintain the current level of the voluntary pensioner rebates for the coming year commencing 1 July 2012 and ending 30 June 2013 as outlined in the report.

FURTHER THAT Council notes that three public submissions and one from a Councillor were received in relation to the Delivery Program 2012-16 & Operational Plan 2012-13.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)





APPENDIX
Delivery Program 2012-2016 and Operational Plan 2012-2013.pdf
Fees and Charges 2012-2013.pdf


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Confidential
EXTRAORDINARY COUNCIL MEETING
Wednesday, 30th May 2012

ECM006-12RESULTS OF PIN REVIEW COMMITTEE - MEETING 6 - 22 MAY, 2012
Report Author(s)Manager Environmental Services, Mr G Dickens
File11/1584
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION

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.



RESOLUTION - CCL

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)





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Confidential
EXTRAORDINARY COUNCIL MEETING
Wednesday, 30th May 2012

ECM007-12CONSTRUCTION OF THE HURSTVILLE GOLF COURSE STORMWATER HARVESTING AND REUSE SCHEME - TENDER NO. 12/851
Report Author(s)Manager Environmental Sustainability, Mr I Curtis and Manager Contracts, Mrs S Geadah
File12/851
Reason for ReportFor approval
Existing Policy?YesNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedYes



AUTHOR RECOMMENDATION

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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.



RESOLUTION - CCL

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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)





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Confidential
EXTRAORDINARY COUNCIL MEETING
Wednesday, 30th May 2012

ECM008-12TENDER FOR THE DEMOLITION OF MORTDALE BOWLING CLUB
Report Author(s)Manager Engineering Services, Mrs M Whitehurst
File12/750
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, within existing program budget
Previous Reports ReferencedYes



AUTHOR RECOMMENDATION


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.



RESOLUTION - CCL


(Moved / Seconded )





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Confidential
EXTRAORDINARY COUNCIL MEETING
Wednesday, 30th May 2012

ECM009-12TENDER FOR THE PREPARATION OF A TRANSPORT MANAGEMENT AND ACCESSIBILITY PLAN (TMAP) FOR HURSTVILLE CITY CENTRE
Report Author(s)Senior Traffic Engineer, Ms S Selim
File12/839
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, outside of existing budget
Previous Reports ReferencedYes



AUTHOR RECOMMENDATION

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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.



RESOLUTION - CCL

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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)





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Confidential
EXTRAORDINARY COUNCIL MEETING
Wednesday, 30th May 2012

ECM010-12LIME KILN CREEK - QUOTATIONS FOR A FLOOD STUDY
Report Author(s)Manager Infrastructure Planning, Mr O Wijayaratna
FileSF12/211
Reason for ReportFor approval
Existing Policy?NoNew Policy Required?No
Financial ImplicationsYes, outside of existing budget
Previous Reports ReferencedNo



AUTHOR RECOMMENDATION

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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.



RESOLUTION - CCL

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)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council

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 jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

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)