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EXTRAORDINARY COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 30th May 2012


The Meeting commenced at 7:02pm.

PRESENT

Council Members

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
Councillor A Wagstaff
Councillor C Wong


Council Staff

General Manager, Mr. V Lampe
Director Administration, Mr J Tripp
Director Service Delivery, Mr L O'Connor
Director Planning & Development, Mr M Watt
Chief Finance Officer, Mrs K Foldi
Manager Public Relations & Events, Ms T Abraham
Manager Corporate Planning, Mr E Mishra
Manager Corporate Governance & Records, Mrs K Garske
Governance Officer, Mr H Cavill
Manager Environmental Services, Mr G Dickens
Manager Environmental Sustainability, Mr I Curtis
Manager Library Museum & Entertainment, Ms R Schulz


APOLOGIES

Apologies for the inability to be present were tendered on behalf of Deputy Mayor, Councillor C Hindi, Councillor B Giegerl, and Councillor W Pickering.

RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Councillor P Sansom / Seconded Councillor J Jacovou)

MAYORAL MINUTE

Councillors, tonight’s Mayoral Minute relates to two items.
  1. Council recently resolved to be a major sponsor of the St George and Sutherland Shire Leader Business Awards. The presentation night will be held on Wednesday, 18 July 2012. As this is the same night as a Council meeting, and to enable Councillors to attend the function and support our local business people, I propose we move the Council meeting, including Committees, to 25 July 2012. Additionally, I propose that the Sports Advisory Committee meeting to be held on 24 July 2012 be moved to 17 July 2012.
  2. It gives me great pleasure to welcome Her Excellency Consul General of the Republic of Croatia in Sydney, Mirjana Ana Marija Pisculic; and artist Charles Billich and his wife, Krista. They are here tonight to present Council with one of Mr Bilich’s paintings as an expression of thanks for Council supporting the Croatian community over the past few years. Mr Billich is a Sydney-based artist whose career spans more than 40 years. His works are on display in the Vatican Museum, White House, Olympic Museum in Lausanne and His Majesty King George V Tupou Palace in Tonga. Council is honoured to receive his artwork which will be added to our Museum and Gallery collection.

I move adoption of the minute.Minute No. 199
RESOLVED THAT the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor S McMahon / Seconded Councillor P Sansom)

On adoption of the Minute, Her Excellency Consul General of the Republic of Croatia in Sydney, Ms Pisculic addressed the Council and spoke of the long-standing and successful relationship that the Croatian Community and Council enjoys, and how Her Excellency was proud to provide Council with a gift of thanks from such a great artist and representative of the Croatian community. Her Excellency and the artist, Mr Bilich presented the artwork "Mother of the Croatians" to His Worship the Mayor Councillor S McMahon. Mr Bilich then addressed the Council and spoke to the artwork, a homage to Croatian sculptor Ivan Mestrovic and dedicated to the last civil war in Croatia.


MATTERS OF PRIVILEGE

Condolence
It is with regret that I advise Council on the sad passing of Carol Foster, of the SES fraternity who passed away on the 22nd May after a short battle with cancer in the Calvary Mater Hospital, Newcastle.

Cas was Controller of Hurstville SES from 1996-2006, before transferring to Sydney Southern Region Headquarters and Community Liaison Officer and retiring in 2010. Cas lived and breathed SES and over the 10 years she was at Hurstville she worked incredibly hard to build the foundations of the Unit it is today. She treated her SES fraternity as extended family and would stop at nothing to help and support the Unit wherever she could.

Her contribution to the Unit and indeed the Service will be long remembered. As per her wishes, in lieu of flower tributes, a donation was made to the Calvary Mater Hospital, Melanoma Unit on behalf of the Mayor, Councillors and Staff.

Minute No. 200
RESOLVED THAT condolences be conveyed as requested.

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

Councillor P Sansom requested that, although not usual practice, Ms Foster's passing be noted in the Mayor's next item in the Local paper, as Ms Foster was active in the community for a great number of years and her significant role with the SES had helped a large number of local people over that time.


DISCLOSURES OF INTEREST
There were no disclosures.


ITEMS

Minute No. 201
ECM003-12 QUARTERLY FINANCIAL REVIEW - MARCH 2012 (SF12/196)
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)


Minute No. 202
ECM004-12 MARCH QUARTERLY REVIEW - MANAGEMENT PLAN 2011-15 (11/576)
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)



ECM005-12 DELIVERY PROGRAM 2012-16 & OPERATIONAL PLAN 2012-13 (11/2132)
On the original motion being moved, Councillor Badalati proposed an amendment to the motion:

THAT the Infrastructure Plus Parks Program be changed to reflect a ‘fair go’ for the Hurstville Ward providing an equal amount of money for each ward
(Moved Councillor V Badalati / Seconded Councillor N Liu)
As the amendment was not accepted by the mover, it was put to a vote. The motion was declared lost on voices and a show of hands. Councillor Badalati requested a division.


For:

Councillor V Badalati, Councillor N Liu

Against:

His Worship the Mayor, Councillor S McMahon, Councillor D Perry, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor A Istephan


The motion was declared lost.

Minute No. 203
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)

Councillor Wagstaff wished to have it recorded she voted against the motion.
Minute No. 204
ECM006-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 6 - 22 MAY, 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. 205
ECM007-12 CONSTRUCTION OF THE HURSTVILLE GOLF COURSE STORMWATER HARVESTING AND REUSE SCHEME - TENDER NO. 12/851 (12/851)
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)(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)


Minute No. 206
ECM008-12 TENDER FOR THE DEMOLITION OF MORTDALE BOWLING CLUB (12/750)
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)(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)


Minute No. 207
ECM009-12 TENDER FOR THE PREPARATION OF A TRANSPORT MANAGEMENT AND ACCESSIBILITY PLAN (TMAP) FOR HURSTVILLE CITY CENTRE (12/839)
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)(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)


Minute No. 208
ECM010-12 LIME KILN CREEK - QUOTATIONS FOR A FLOOD STUDY (SF12/211)
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)(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)

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. 209
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 V Badalati / Seconded Councillor P Sansom)

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

The Meeting resumed without Cr Wong in the Chambers.

Minute No. 210
COW032-12 RESULTS OF PIN REVIEW COMMITTEE - MEETING 6 - 22 MAY, 2012 (11/1584)
THAT Council endorse the recommendations of the PIN Review Committee held on 22 May, 2012.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)


Minute No. 211
COW033-12 CONSTRUCTION OF THE HURSTVILLE GOLF COURSE STORMWATER HARVESTING AND REUSE SCHEME - TENDER NO. 12/851 (12/851)THAT Council award the lump sum contract for the construction of the Peakhurst Light Industrial Stormwater Harvesting Reuse Scheme to Civil Constructions Pty Ltd, as described in this report.

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

FURTHER THAT Council notifies in writing those companies that submitted an unsuccessful Tender, and thanks them for tendering for the project.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


Minute No. 212
COW034-12 TENDER FOR THE DEMOLITION OF MORTDALE BOWLING CLUB (12/750)THAT Council award Melham Civil Pty Ltd the Contract for the demolition of Mortdale Bowling Club.

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

FURTHER THAT Council's Manager Contracts notify in writing the unsuccessful Tenderers thanking them for their submissions.
(Moved Councillor V Badalati / Seconded Councillor P Sansom)


Minute No. 213
COW035-12 TENDER FOR THE PREPARATION OF A TRANSPORT MANAGEMENT AND ACCESSIBILITY PLAN (TMAP) FOR HURSTVILLE CITY CENTRE (12/839)
THAT Council award GHD the Contract for the preparation of a Transport Management and Accessibility Plan (TMAP) for Hurstville City Centre.

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

FURTHER THAT Council's Manager Contracts notify in writing the unsuccessful Tenders thanking them for their submissions.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


Minute No. 214
COW036-12 LIME KILN CREEK - QUOTATIONS FOR A FLOOD STUDY (SF12/211)
THAT drainage consultant, Henry & Hymas Consulting Engineers be engaged to undertake a catchment analysis, review of environmental factors and make recommendations for flood mitigation measures for Lime Kiln Creek.

THAT the consultant’s findings be reported back to Council for consideration.

THAT funding for the consultancy works be allocated from Section 94 drainage contributions collected under the Georges River Drainage Plan.

FURTHER THAT the unsuccessful consultants be notified in writing thanking them for their submissions.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

Councillor Wong returned to the Chamber at 7:27pm.

Minute No. 215
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor P Sansom / Seconded Councillor N Liu)

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


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 P Sansom / Seconded Councillor A Istephan)

The meeting finished at 7:28pm.



____________________________________
Chairperson