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COUNCIL MEETING

MINUTES OF MEETING

Wednesday, 6th June 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 Public Relations & Events, Ms T Abraham
Manager Development Assessment, Ms T Christy
Development Assessment Officer, Mr P Nelson
Manager Corporate Governance & Records, Mrs K Garske
Manager Environmental Sustainability, Mr I Curtis
Governance Officer, Mr H Cavill


OPENING

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

The National Anthem was then sung by Ms Evelyn Georgallis.

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

Councillor McMahon then welcomed the distinguished guests of Hurstville City Council and offered the following apologies: Mr Daryl Melham MP; The Hon. Robert McClelland MP; Mr Robert Furolo MP; The Hon Shaoquett Moselmane, MLC; His Worship the Mayor of Rockdale City Council, Cr Bill Saravinovski; His Worship the Mayor of Kogarah City Council, Cr Nick Vavaris; His Worship the Mayor of Canterbury City Council, Cr Brian Robson; and former Councillors Ms Alison Bailey, Mr Mick Frawley and Mr Christopher Lee.


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. 1181
RESOLVED THAT apologies be accepted and leave of absence granted.
(Moved Councillor P Sansom / Seconded Councillor W Pickering)

It was noted that Councillor C Hindi left the Chambers at 7:09pm and returned to the Chambers at 7:10pm.


MAYORAL MINUTE

Councillors, tonight we are here to celebrate the 125th anniversary of the first Hurstville Council meeting.

Earlier today, we commemorated this important milestone with the unveiling of a plaque at Hurstville Public School. The first council meetings were held in the vicinity of the school at the Returning Officer Locrin Tiddy’s house. By unanimous vote, the aldermen elected Alexander Milsop as the first Mayor. The elected aldermen were all local leaders, many bearing surnames that still have historic links with Hurstville and the St George area, including Patrick, Humphrey, Gannon, Peake, Tidswell, Bibby, McRae and Howard.

Hurstville boasts a rich history. One hundred and twenty five years ago there were several orchards in Hurstville, and the wine-making industry afforded employment for a small number of men. The population was approximately 2,163 with almost half being children, and there were 6,558 properties rated. You could buy an acre of land for 50 pounds. There were 36 shops and two hotels in the borough. Water for household purposes was obtained from wells and tanks. No footpaths of any description had yet been made.

The Council chambers consisted of one apartment only, which appeared to be built for a shop. The rent on the property was £1 5s. A Town Clerk and Overseer were appointed in August 1887.

The hot topics of the day were about the Council Chambers, footpaths, sewerage, sanitation services, dairies, a town hall, and ward perimeters. At one of the meetings they discussed a petition to the Colonial Secretary to carry out water supply and sewerage schemes for the various outer suburbs.

I am proud to say that we have come a long way over the past 125 years and I am honoured to be Mayor during these important celebrations.

I move adoption of the minute.

Minute No. 1182
RESOLVED THAT the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor S McMahon / Seconded Deputy Mayor, Councillor C Hindi)


MATTERS OF PRIVILEGE

Condolences

There were no condolences reported.

Other matters

No other matters were raised.


DISCLOSURES OF INTEREST

There were no disclosures of interest made.


MINUTES OF PREVIOUS MEETINGS

Minute No. 1183
CCL225-12 MINUTES: COUNCIL MEETING - 16/05/2012 (09/1229)
RESOLVED THAT the Minutes of the Ordinary Meeting of the Council held on 16 May 2012, as previously made available to each Councillor, be adopted.
(Moved Councillor A Istephan / Seconded Councillor W Pickering)

Minute No. 1184
CCL226-12 MINUTES: EXTRAORDINARY COUNCIL MEETING - 30/05/2012 (09/1229)
RESOLVED THAT the Minutes of the Extraordinary Council Meeting held on the 30th May be adopted.
(Moved Councillor C Wong / Seconded Councillor A Istephan)

Minute No. 1185
CCL227-12 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING (09/2339)
RESOLVED THAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.
(Moved Councillor A Istephan / Seconded Councillor N Liu)



PLANNING ITEMS

Minute No. 1186
CCL228-12 PK - 18 BALLANTYNE ROAD, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO (2) STOREY DWELLING HOUSE INCLUDING A FRONT FENCE, A SWIMMING POOL AND A CABANA (12/DA-37)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor V Badalati / Seconded Councillor P Sansom)



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 B Giegerl, Councillor P Sansom

Against:

Deputy Mayor, Councillor C Hindi


Minute No. 1187
CCL229-12 PK - 7 BELMORE ROAD, PEAKHURST - ALTERATIONS AND ADDITIONS TO DWELLING – GROUND AND LOWER GROUND ADDITIONS (12/DA-14)
RESOLVED THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor V Badalati / 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 the matter was carried unanimously.


Minute No. 1188
CCL230-12 PROPOSED AMENDMENT TO HURSTVILLE CITY CENTRE DEVELOPMENT CONTROL PLAN NO. 2 (08/1087-1)
RESOLVED THAT Council resolve to amend Hurstville City Centre DCP No. 2 by incorporating its adopted building height and floor space ratio controls from the Draft Hurstville City Centre Local Environmental Plan 2011 and exhibit the amendments.

THAT a further report on submissions received be submitted to Council after the exhibition.

THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.

FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.
(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 N Liu, Councillor D Perry, Councillor P Sansom

Against:

Councillor J Jacovou, Councillor W Pickering, Councillor B Giegerl


COUNCIL ITEMS

Minute No. 1189
CCL231-12 2011/12 SYDNEY CRICKET ASSOCIATION INC TORO FIRST GRADE GROUND OF THE YEAR COMPETITION (10/54)
RESOLVED THAT Council make an ex-gratia payment to Mr Lewis to the amount of $500 awarded to him by the Sydney Cricket Association Inc.

FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining 3rd Place in Toro First Grade "Ground of the Year" Competition.
(Moved Councillor V Badalati / Seconded Councillor P Sansom)

Councillor V Badalati congratulated the staff, and noted that at the same event the St George Cricket Club, which is based at Hurstville Oval and for whom Cr Badalati manages a team, were also recipients the "Spirit of Cricket" Award as "most fair-minded team"; the Green Shield, as Premiers of the Year and; 3rd Grade Captain of the Year, Mr Stephen Walk.

Minute No. 1190
CCL232-12 THE AVENUE ROAD UNDERPASS, HURSTVILLE - TRANSFER OF LAND FROM RAILCORP TO HURSTVILLE CITY COUNCIL (08/1889)
RESOLVED THAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.

THAT an acknowledgement letter be sent to RailCorp accepting the above-mentioned land as a public road under Hurstville City Council’s care and control.

FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1191
CCL233-12 INVITATION - RED SHIELD APPEAL CHARITY FUNDRAISER (10/2339)
RESOLVED THAT Council purchases a table for the event.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1192
CCL234-12 OUTSTANDING QUESTIONS WITH NOTICE (09/1229)
RESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


Minute No. 1193
CCL235-12 WEBBS DAM TENDER ASSESSMENT (12/850)
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 V Badalati)

QUESTIONS WITH NOTICE

Minute No. 1194
QWN027-12 LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION IN RELATION TO 8 CROFTS AVENUE, HURSTVILLE (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1195
QWN028-12 SENIOR STAFF REMUNERATION (09/1229)
RESOLVED THAT the question be taken on notice.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 1196
QWN029-12 RESPONSE TIME ON CORRESPONDENCE 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. 1197
QWN030-12 STAFFING PROFILE (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. 1198
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 Deputy Mayor, Councillor C Hindi)

His Worship the Mayor, Councillor S McMahon thanked the attendees for joining Council at the 125th celebrations.

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


Minute No. 1199
COW037-12 WEBBS DAM TENDER ASSESSMENT (12/850)
RESOLVED THAT Council award the lump sum contract for the construction of the Webbs Dam Upgrade, Evatt Park to Hargraves Landscapes Pty Ltd as described in this report.

THAT possession of site to commence after the satisfactory completion of the Dewatering Plan

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 thank them for tendering for the project.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)
Minute No. 1200
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor P Sansom / Seconded Councillor W Pickering)

OPEN COUNCIL

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

Minute No. 1201
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 Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering)

CONCLUSION

The Meeting was closed at 7:34pm.

Minutes confirmed this 20th day of June, in the year two thousand and twelve.



_____________________________
Chairperson