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EXTRAORDINARY COUNCIL MEETING

MINUTES OF MEETING
Wednesday, 20th June 2012


The Meeting commenced at 7:06pm.

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
Councillors J Jacovou
Councillor W Pickering, OAM
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 Engineering Services, Ms M Whitehurst
Manager Corporate Governance & Records, Mrs K Garske
Governance Officer, Mr H Cavill
Team Leader Development Assessment, Ms L Locke
Development Assessment Officer, Mr P Nelson
Manager Library Museum Gallery, Ms R Schulz
Internal Ombudsman, Mr W Park
Senior Traffic Officer, Ms S Selim


APOLOGIES

Apologies for the inability to be present were tendered on behalf of Councillor D Perry and Councillor N Liu. Councillor Badalati also extended Councillor W Pickering's apologies as Cr Pickering would be late to the meeting.

RECOMMENDED THAT apologies be accepted and leave of absence granted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor V Badalati)

MATTERS OF PRIVILEGE

Condolences
Councillor B Giegerl informed Council of the passing of Frank Walker, a former local State and Federal MP. She spoke to his extensive record of community service in both the local area and abroad and wished for Council to acknowledge Mr Walker's life, achievements and passing.

Minute No. 216
RESOLVED THAT condolences be conveyed as requested.

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


DISCLOSURES OF INTEREST

The following Councillor(s) declared an interest in a matter before Council:

The Deputy Mayor, Councillor C Hindi declared a non-significant, non-pecuniary interest in ECM021-12 33 Kemp Street, Mortdale - Section 96(1A) Modification to Light Well and Front Setback to Approved New Small Lot Housing Development Comprising Three Dwelling as the site in question is in an adjacent street to a property Cr Hindi owns.

Councillor V Badalati declared a non-significant, non-pecuniary interest in items ECM037-12 Proposed Rodeo Event At Lugarno Spring Fair 2012 and ECM038-12 Sponsorship Request - Showjumping At Lugarno Lions Spring Fair as Cr Badalati is a member of Lugarno Lions Club.

Councillor P Sansom declared a non-significant, non-pecuniary interest in items ECM037-12 Proposed Rodeo Event At Lugarno Spring Fair 2012 and ECM038-12 Sponsorship Request - Showjumping At Lugarno Lions Spring Fair as Cr Sansom is a member of Lugarno Lions Club.

His Worship the Mayor, Councillor S McMahon declared a non-significant, non-pecuniary interest in item ECM015-12 13-17 (Known as 11) Woodville Street, Hurstville - Section 96 (1A) Applications to Modify Development Consent No. 10/DA-348 by Revising the Footprint of the Basement Levels as the applicant once attended a fundraiser for Cr McMahon.


ITEMS

ECM011-12 HUR - 44 CRONULLA STREET, CARLTON - SECTION 96 MODIFICATION TO APPROVED DWELLING ADDITIONS – NEW WINDOW IN SOUTHERN WALL (2011/DA-98REV2)
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 V Badalati)

For:
His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:

Not Present:
Councillor W Pickering

ECM012-12 HUR - 1/45 FOREST ROAD, HURSTVILLE - ORIGINAL USE OF A COMMERCIAL UNIT AS A TAKEAWAY PIZZA SHOP, AND ASSOCIATED FIT-OUT AND SIGNAGE (11/DA-298)
THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor C Wong / Seconded Councillor P Sansom)

For:
His Worship the Mayor, Councillor S McMahon, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:
Councillor V Badalati

Not Present:
Councillor W Pickering
ECM013-12 HUR - 2/45 FOREST ROAD, HURSTVILLE - ORIGINAL USE OF A COMMERCIAL UNIT AS A COFFEE SHOP/CAFÉ, AND ASSOCIATED FIT-OUT AND SIGNAGE (12/DA-109)
THAT the application be approved in accordance with the conditions included in the report.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

For:
His Worship the Mayor, Councillor S McMahon, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:
Councillor V Badalati

Not Present:
Councillor W Pickering

ECM014-12 HUR - 2 KINSEL AVENUE, KINGSGROVE - DEMOLITION OF EXISTING GARAGE AND PART OF EXISTING DWELLING, UNDERTAKE ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING, CONSTRUCT A SECOND DWELLING TO CREATE AN ATTACHED DUAL OCCUPANCY AND SUBDIVISION INTO TWO (2) TORRENS TITLE ALLOTMENTS (12/DA-111)
THAT the SEPP 1 Objection be supported.

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, Councillor P Sansom, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:
Councillor V Badalati, Councillor A Wagstaff

Not Present:
Councillor W Pickering
ECM015-12 HUR - 13-17 (KNOW AS 11) WOODVILLE STREET, HURSTVILLE - SECTION 96(1A) APPLICATION TO MODIFY DEVELOPMENT CONSENT NO. 10/DA-348 BY REVISING THE FOOTPRINT OF THE BASEMENT LEVELS (2010/DA-348REV2)
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, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:
Councillor V Badalati

Not Present:
Councillor W Pickering

It was noted that Councillor V Badalati left the Chambers at 7:20pm and returned to the Chambers at 7:21pm during discussion of the above item.
ECM016-12 PK - 29 TAFFS AVENUE, LUGARNO - SECTION 96 MODIFICATION - CONSTRUCT ROOF TO EXISTING PERGOLA SITUATED OVER EXISTING FRONT TERRACE (2005/DA-244REV1)
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 Deputy Mayor, Councillor C Hindi)

For:
His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:

Not Present:
Councillor W Pickering
ECM017-12 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)
THAT the application be approved in accordance with the conditions included in the report.

THAT the top floor be offset 5m shorter than the ground floor.

FURTHER THAT a report be sent to Council seeking to amend staff delegations in relation to light wells.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

For:
His Worship the Mayor, Councillor S McMahon, Councillor P Sansom, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan

Against:
Councillor V Badalati, Councillor A Wagstaff, Councillor B Giegerl

Not Present:
Councillor W Pickering
ECM018-12 PNS - 52 BROADARROW ROAD, NARWEE - CHANGE OF USE TO A CAFÉ FROM AN BUSINESS PREMISES, AND ASSOCIATED FIT-OUT (12/DA-67)
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 P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:

Not Present:
Councillor W Pickering
ECM019-12 PNS - 7 ST CATHERINE STREET, MORTDALE - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A NEW TWO STOREY DWELLING (12/DA-117)
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, Councillor V Badalati, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Deputy Mayor, Councillor C Hindi, Councillor A Istephan, Councillor B Giegerl.

Against:

Not Present:
Councillor W Pickering
ECM020-12 PNS - 23 BALFOUR ROAD, NARWEE - ALTERATIONS TO EXISTING OUTBUILDING TO CREATE A SECONDARY DWELLING AND DEMOLITION OF UNAUTHORISED OUTBUILDING (12/DA-52)
THAT the application be granted a deferred commencement approval subject 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 V Badalati)

For:
His Worship the Mayor, Councillor S McMahon, Councillor V Badalati, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Councillor A Istephan, Councillor B Giegerl.

Against:
Deputy Mayor, Councillor C Hindi

Not Present:
Councillor W Pickering
ECM021-12 PNS - 33 KEMP STREET, MORTDALE - SECTION 96(1A) MODIFICATION TO LIGHT WELL AND FRONT SETBACK TO APPROVED NEW SMALL LOT HOUSING DEVELOPMENT COMPRISING THREE DWELLINGS (2011/DA-435REV1)
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, Councillor V Badalati, Councillor P Sansom, Councillor A Wagstaff, Councillor C Wong, Councillor J Jacovou, Councillor A Istephan, Deputy Mayor, Councillor C Hindi, Councillor B Giegerl.

Against:

Not Present:
Councillor W Pickering


MAYORAL MINUTE

Councillors, tonight’s Mayoral Minute relates to a very personal matter.

I am having surgery next week to treat suspected testicular cancer.

Following the discovery of a small lump, and much nagging by my wife, I reluctantly went to the doctor. It was a decision that probably saved my life. A battery of tests revealed I have a testicular tumour.

When I first received the news, I was somewhat alarmed. I was concerned for the future of my wife and two young children that they may not have a husband and dad to grow old with. I was worried that I had to tell my parents that their youngest son has cancer. Emotionally and physically, I figured I was in for the fight of my life.

Admittedly, and stupidly, one of my first reactions was one of embarrassment. I was worried what people would think in the community and question if I could still do my job properly. The reality is sometimes people look at you differently if they know you are sick. Testicular cancer doesn’t exactly make people (especially blokes) feel very comfortable. It is rarely a discussion held at the pub, club, workplace or family dinner table. Nobody talks about cancer, particularly “down there”.

So given all this, you may now be asking why I am making all of this public? Well the answer is simple – I just want to turn a negative into a positive and given my position, I figured it was the perfect opportunity. I know it sounds clichéd but if our actions tonight can help save the life of one parent, one child or anyone from dying of cancer, than it is worth a little bit of pain and embarrassment.

In 2010, 30 of the 680 Australian men diagnosed with testicular cancer lost their battle with the disease. Although it is a rare form of cancer, it is most common in men aged 18-39 years. However, the outlook is positive. Approximately 95% of men survive testicular cancer and go on to live full and active lives. I intend to be one of those people.
Tonight, we have before Council a potential pay increase to Councillors of 2.5% as recommended by the Local Government Remuneration Tribunal. It is my intention to put my pay rise between 1 July and the end of this term toward a cancer awareness initiative and I challenge my fellow Councillors to do the same.

With the consent of Council, I would like us to hold a Balls and Boobs Barbecue for Cancer! Yes, the name is a little provocative but so is the disease. The concept would be that in the coming months, together with the doctors and nurses from the St George Cancer Care Centre at St George Hospital, we would use our Entertainment Centre to conduct appropriate checks and raise awareness for testicular and breast cancer. Given that this Council has raised more than $500,000 for the Prostate Cancer Institute over the past few years, perhaps we can include that too. Council would provide the venue, the free barbecue and assist wherever we can. So far I have only had preliminary discussions with our friends from the St George Cancer Care Centre but if Council approves this tonight, we will look into it further. I also propose that the General Manager be authorised to allocate any shortfall in funding to host the event. If successful, perhaps it can become an annual affair but that will be a decision for the new Council in September.

I have included breast cancer too because in 2012 it is estimated that 14,610 women will be diagnosed with breast cancer, making it the most common cancer affecting women. The good news is that breast cancer has an 88% survival rate. However, as with all cancers, early detection is vital.

I know that this disease has impacted on many Councillors, staff and locals sitting here tonight – both directly and indirectly. Some talk about it, some do not – it is your personal choice and far be it for me to pass any judgment. All I am asking is that for a small amount of financial sacrifice we might be able to help save a life of a loved one, friend, friend of a friend or even complete stranger. The Balls and Boobs Barbecue for Cancer could be that first step!

Additionally, I would just like to make a few points. Firstly, and for the record, I did not know about my tumour when I made my decision not to re-contest the election. That was based purely on my family’s needs. Secondly, thank you to my family and friends for their support, especially my wife Lee. My brothers must also come in for special mention after kindly suggesting meat balls, mixed nuts and Chinese money bags be served at a ‘farewell party’ for the offending tumour and its surrounds. What can I say – boys will be boys!

Anyway, that is enough from me. Rest assured that I am not going anywhere and I am positive that all will be well in the end. It will take more than a small tumour to stop me enjoying the birthday parties of my children for many years to come.

Finally, my message is this – don’t be a boob, please check your balls regularly or better still, have someone else check them for you……an expert of course.

I move adoption of the minute.

Minute No. 217
RESOLVED THAT the Mayoral Minute be received and noted.
(Moved His Worship the Mayor, Councillor S McMahon / Seconded Deputy Mayor, Councillor C Hindi)

Further to the Mayoral Minute, Councillor V Badalati offered his support to both the Mayor and his family and spoke in support for the potential donations to aid the Testicular and Breast Cancer Awareness. Councillor P Sansom wished His Worship the Mayor all the best in his operation and offered his support for what will be a trying and testing time and commended the Mayor on his support for such a worthy cause. Deputy Mayor Cr Hindi echoed the sentiments of Cr Badalati and Cr Sansom and noted that, is successful in re-election he would donate the entire year's increase to the cause.

The Deputy Mayor, Councillor C Hindi then spoke to the passing of his uncle, Sam Hindi. Cr Hindi detailed Mr Hindi's life and the profound effect he had on his family and those around him in more than 50 years in the local area..

Minute No. 218
RESOLVED THAT condolences be conveyed as requested.

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

ECM022-12 RETURN OF THANKS (10/31)
THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


ECM023-12 CERTIFICATE OF CASH AND INVESTMENTS AS AT 31 MAY 2012 (12/119)
THAT the report be received and noted.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


ECM024-12 STORES & MATERIALS - BIANNUAL STOCKTAKE (09/7)
THAT the financial records be adjusted to reflect the results of the biannual stocktake of stores inventory.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)


ECM025-12 MAYOR AND COUNCILLOR FEES 2012/2013 (12/287)
THAT Council accepts for the Mayor and Councillors the increase of 2.5% as determined by the Local Government Remuneration Tribunal.

THAT the saving of $4640 be allocated to the Testicular and Breast Cancer awareness program.
(Moved Councillor P Sansom / Seconded Councillor B Giegerl)


ECM026-12 FEES & CHARGES FOR DESIGN REVIEW PANEL (12/158)
THAT in accordance with S 404 and 405 of the Local Government Act the proposed schedule of fees and charges for "Development Applications - Design Review Panel" for the 2012/2013 financial year be publicly advertised and after the exhibition period a further report be submitted to Council for approval.
(Moved Councillor V Badalati / Seconded Councillor P Sansom)
It was noted that Councillor W Pickering entered the Chamber at 8:10pm during consideration of this item.
ECM027-12 REVIEW OF ST. GEORGE DESIGN REVIEW PANEL (12/356)
That Council endorse the Selection Committee's recommended membership of the St George Design Review Panel as described in the report.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

ECM028-12 FRAUD AND CORRUPTION PREVENTION POLICY (07/1459)
THAT the Fraud and Corruption Prevention Policy be adopted.

FURTHER THAT the Policy be placed on Council's Website and distributed to all staff.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

ECM029-12 CONFLICTS OF INTERESTS POLICY (12/1149)
THAT the Conflicts of Interest Policy be adopted.

FURTHER THAT the Policy be placed on Council's website and distributed to all staff.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

ECM030-12 LITTER PREVENTION INITIATIVE (12/1173)
THAT Council’s participation in the Litter Prevention Initiative be endorsed.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)


ECM031-12 2011/12 LIBRARY DEVELOPMENT GRANT FROM THE STATE LIBRARY OF NEW SOUTH WALES - LOCAL STUDIES DIGITISATION PROJECT (11/957)
THAT the information be received and noted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

ECM032-12 RE-NAMING OF OATLEY PARK TO OATLEY BUSHLAND PARK (12/14)
THAT the matter be deferred for further consideration.
(Moved Councillor A Wagstaff / Seconded Councillor P Sansom)

ECM033-12 SMALL BUSINESS CONSULTANCY REPORT (SF12/43)
THAT the final report be received and consultants be thanked for the work.

THAT a copy of the report be forwarded to SSROC for discussion.

FURTHER THAT Council writes to the State Government, providing a copy of the report and requesting possible changes in legislation to support the initiative.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

ECM034-12 REQUEST FOR APPROVAL TO HAVE FIREWORKS AND CHILDREN RIDES FOR THE COMMUNITY CAROLS IN PENSHURST PARK (D12/7811)
THAT The Salvation Army Hurstville (in association with the Rotary Club of Hurstville) be permitted to use Penshurst Park to hold their Annual Carols by Candlelight on Sunday, 16 December 2012 from 10am – 10pm.

THAT The Salvation Army Hurstville 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 $10millon.

THAT Council provide the The Salvation Army Hurstville with all requested materials, to be funded from Additional Donations (Parks & Miscellaneous) budget.

THAT Council impose a refundable cleaning deposit of $213.00 to ensure Penshurst Park is left clean and tidy, removing all rubbish and candle wax from the premises.

THAT an exclusion zone be set for the fireworks display and Foti International Fireworks P/L provide Council with a copy of their indemnity insurance which Indemnifies Council of any liability, this should be in the amount of not less then $10millon.

THAT The Salvation Army and the Rotary Club of Hurstville provide Council with a copy of their Public Liability Cover which Indemnifies Council of any liability, this should be in the amount of not less then $10millon.

FURTHER 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 Salvation Army Hurstville is notified of this requirement.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


ECM035-12 REQUEST FROM PEAKURST UNITED JSFC INC TO LODGE A DEVELOPMENT APPLICATION FOR NEW CLUBHOUSE AT PEAKHURST PARK (12/92)
THAT Council, as owner of the land, approve the lodgment of the Development Application and subsequent Construction Certificate for the construction of a new clubhouse at Peakhurst Park.

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

FURTHER THAT Peakhurst United JSFC be informed of Council's decision.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

It was noted that Councillor V Badalati expressed the importance of all sporting codes to have access to the facility when developed.


ECM036-12 REQUEST FOR FUNDING FOR ADDITIONAL FLOODLIGHTS AT PEAKHURST PARK (12/92)
THAT Council approve the installation of two (2) additional 1500 Watt floodlights at Peakhurst Park Field 1.

THAT the cost be equally shared by Hurstville City Council and Peakhurst United JSFC Inc.

FURTHER THAT Peakhurst United JSFC Inc. be notified of Council's decision.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor V Badalati)


ECM037-12 PROPOSED RODEO EVENT AT LUGARNO SPRING FAIR 2012 (12/625)

THAT Council supports the event in principle, but discuss with the organisers of the festival to ascertain whether September 2012 is an appropriate time for the event or a later date would be more suitable.

FURTHER THAT funding be approved for the event.

(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)
It was noted that Councillor Wagstaff voted against this motion.

ECM038-12 SPONSORSHIP REQUEST - SHOWJUMPING AT LUGARNO LIONS SPRING FAIR (12/40)
THAT Council endorses the sponsorship of the Prostate Cancer Institute event at the Lugarno Lions Club Spring Festival, to the extent of $5,000.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering)


ECM039-12 MAYORAL GOLF DAY AND PRO AM 2012 (11/1189)
THAT Council approves the closure of the Hurstville Golf Course to the public on Friday, 23 November 2012 and Sunday, 25 November 2012, to enable the charity event to take place.

THAT Council reimburses BlueFit for the loss of income for this event, approximately $9,000.

THAT funds raised from the two day event be donated to the St George Hospital Cancer Care Centre.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


ECM040-12 INVITATION AND SPONSORSHIP REQUEST - RSAC PRESENTATION DAY (12/40)
THAT Council sponsors the event to the value of $600.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)


ECM041-12 REFURBISHMENT OF PENSHURST BRANCH LIBRARY – CLOSURE FOR BUILDING WORKS (12/576)
THAT the report be received and noted.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor W Pickering)


ECM042-12 EXPRESSIONS OF INTEREST FOR DEVELOPMENT OF CENTRAL PLAZA (11/482)
THAT Council seek Expressions of Interest from the market for the design and construction of Central Plaza, with documentation covering the selection criteria enumerated in the report.

FURTHER THAT Council engage with Westfield to agree potential changes to the Crofts Avenue access ramp.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

ECM043-12 TENDER - WASTE DISPOSAL SERVICES (11/513)
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 Deputy Mayor, Councillor C Hindi)

ECM044-12 TENDER - GARDEN ORGANICS (GREEN WASTE) PROCESSING SERVICES (11/1593)
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 Deputy Mayor, Councillor C Hindi)


ECM045-12 PROPERTY MATTER - NEW LEASE OVER 1 BARRATT STREET, HURSTVILLE (04/1080)
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 Deputy Mayor, Councillor C Hindi)

ECM046-12 PROPERTY MATTER - EXERCISE OF LEASE OPTION - HURSTVILLE HOUSE (09/888)
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 Deputy Mayor, Councillor C Hindi)

ECM047-12 PROPERTY MATTER - LICENCING OF KINGSGROVE COMMUNITY CENTRE (10/1715)
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 Deputy Mayor, Councillor C Hindi)

ECM048-12 PROPERTY MATTER - NEW LEASE OVER RETAIL UNIT E, 31 DORA STREET, HURSTVILLE (05/1716-2)
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 Deputy Mayor, Councillor C Hindi)

ECM049-12 REQUEST FOR QUOTATION - INVESTMENT ADVISORY SERVICES (12/949)
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 Deputy Mayor, Councillor C Hindi)

ECM050-12 TENDER ASSESSMENT - SALE AND DEVELOPMENT OF GLOUCESTER ROAD CAR PARK, HURSTVILLE (C11/1-2)
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 Deputy Mayor, Councillor C Hindi)

ECM051-12 LEGAL ADVICE - HAIDER V HURSTVILLE CC - LAND AND ENVIRONMENT COURT PROCEEDINGS 10465 OF 2012 - 8 MCLEOD STREET, HURSTVILLE (10/DA-302:3)
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) (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 Deputy Mayor, Councillor C Hindi)

ECM052-12 STATUS REPORT - LAND & ENVIRONMENT COURT APPEAL NO. 10231 OF 2012 - ILLAWARRA CATHOLIC CLUB V HURSTVILLE CC - 8 CROFTS AVENUE, HURSTVILLE (11/DA-340)
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 Deputy Mayor, Councillor C Hindi)

ECM053-12 RESPONSES TO OUTSTANDING QUESTIONS WITH NOTICE (11/1074)
RESOLVED THAT the responses be received and noted.
(Moved Councillor P Sansom / Seconded Councillor W Pickering)


QWN031-12 ISSUES RAISED IN LEGAL ADVICE IN RELATION TO COUNCIL'S DRAFT STORMWATER DRAINAGE POLICY (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

QWN032-12 COST OF DEDICATED COMPUTER INFRASTRUCTURE IN COUNCIL CHAMBERS (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

QWN033-12 DETAILED COST-BENEFIT ANALYSIS OF COUNCILLORS’ NEW COMMUNICATION PACKAGE COMPARED WITH CURRENT ARRANGEMENT (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

QWN034-12 8 CROFTS AVE HURSTVILLE (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

QWN035-12 NEW FORMAT AND PLACEMENT OF COUNCIL'S ADVERTISING IN THE LEADER (09/1229)
RESOLVED THAT the question be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

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. 219
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 recess at 8:35pm

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

The meeting resumed at 8:52pm

Minute No. 220
COW038-12 TENDER- WASTE DISPOSAL SERVICES
RESOLVED THAT the Non-conforming Tender offer submitted by SITA Australia (Option 3) at a unit rate price of $80.00 per tonne (excluding GST, NSW Waste Levy charge, and the Federal Government's Carbon Tax) for disposal at Lucas Heights Waste Management Centre be accepted.

THAT subject to the satisfactory completion of the negotiation proceedings as authorised by Council and concluded by the General Manager, a Contract with SITA Australia on the terms and conditions set out and fully detailed in the Contract be entered into.

FURTHER THAT the General Manager be authorised to execute the Contract on Council's behalf.
(Moved Councillor V Badalati / Seconded Councillor A Istephan)

Minute No. 221
COW039-12 TENDER - GARDEN ORGANICS (GREEN WASTE) PROCESSING SERVICES
RESOLVED THAT the Non-conforming Tender offer submitted by SITA Australia (Option 2) at a unit rate price of $115.00 per tonne (excluding GST and any other taxes and levies that may apply in the future) for processing at Lucas Heights Waste Management Centre be accepted.

THAT a Contract with SITA Australia on the terms and conditions set out and fully detailed in the Contract be entered into.

FURTHER THAT the General Manager be authorised to execute the Contract on Council's behalf.
(Moved Councillor P Sansom / Seconded Councillor V Badalati)

Minute No. 222
COW040-12 PROPERTY MATTER - NEW LEASE OVER 1 BARRATT STREET, HURSTVILLE
RESOLVED THAT Council does not accept the proposed lease terms and conditions as detailed in the report.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor J Jacovou)


Minute No. 223
COW041-12 PROPERTY MATTER - EXERCISE OF LEASE OPTION - HURSTVILLE HOUSE RESOLVED THAT Council approves the lease option as per the terms and conditions detailed in the report.

FURTHER THAT authority be given to the Mayor and General Manager to execute all documentation, and where necessary, under the Common Seal of Council.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

Minute No. 224
COW042-12 PROPERTY MATTER - LICENCING OF KINGSGROVE COMMUNITY CENTRE RESOLVED THAT deferral of the commencement date of the Licence to the Kingsgrove Community Aid Centre to 1 July 2012 be approved.
(Moved Councillor P Sansom / Seconded Deputy Mayor, Councillor C Hindi)

Minute No. 225
COW043-12 PROPERTY MATTER - NEW LEASE OVER RETAIL UNIT E, 31 DORA STREET, HURSTVILLE RESOLVED THAT Council approves the proposed terms and conditions as detailed in the report.

FURTHER THAT authority be given to the Mayor and General Manager to execute all documentation, and where necessary, under the Common Seal of Council.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

Minute No. 226
COW044-12 REQUEST FOR QUOTATION - INVESTMENT ADVISORY SERVICES RESOLVED THAT the quotation submitted by CPG Research & Advisory for the provision of Investment Advisory Services be accepted.

FURTHER THAT Council notifies in writing those companies that submitted an unsuccessful quotation, and thank them for their submissions.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

Minute No. 227
COW045-12 TENDER ASSESSMENT - SALE AND DEVELOPMENT OF GLOUCESTER ROAD CAR PARK, HURSTVILLE RESOLVED THAT the matter be deferred to a meeting in July 2012.
(Moved Deputy Mayor, Councillor C Hindi / Seconded Councillor P Sansom)

Minute No. 228
COW046-12 LEGAL ADVICE - HAIDER V HURSTVILLE CC - LAND AND ENVIRONMENT COURT PROCEEDINGS 10465 OF 2012 - 8 MCLEOD STREET, HURSTVILLERESOLVED THAT Council instructs its solicitors to negotiate amendments for the applicant to comply with an amended Order including removal of the enclosed rear terrace.
(Moved Councillor P Sansom / Seconded Councillor A Istephan)

Minute No. 229
COW047-12 STATUS REPORT - LAND & ENVIRONMENT COURT APPEAL NO 10231 OF 2012 - ILLAWARRA CATHOLIC CLUB V HURSTVILLE CC - 8 CROFTS AVENUE, HURSTVILLERESOLVED THAT the information be received and noted.
(Moved Councillor P Sansom / Seconded Councillor C Wong)

Minute No. 230
RESOLVED THAT the Committee of the Whole revert to Open Council.
(Moved Councillor C Wong / Seconded Councillor B Giegerl)

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


Minute No. 231
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)



The meeting finished at 9:30pm.



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Chairperson