Council MEETING

MINUTES OF MEETING

Wednesday, 7 May 2014

Present

 

Council Members

His Worship the Mayor, Councillor J Jacovou

Deputy Mayor, Councillor N Liu

Councillor V Badalati

Councillor C Drane

Councillor C Hindi

Councillor R Kastanias

Councillor J Mining

Councillor D Sin

Councillor M Stevens

Councillor B Thomas

Councillor C Wu

 

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

Manager Engineering Services, Mrs M Whitehurst

Manager Public Relations & Events, Ms T Abraham

Manager Development Assessment, Ms T Christy

Team Leader Major Projects, Ms L Locke

Manager Infrastructure Planning, Mr O Wijayaratna

Senior Traffic Engineer, Mrs S Selim

Manager Finance, Mrs C Long

Manager Corporate Governance & Records, Mrs K Garske

Governance Officer, Mr D Henkel

 

Opening

It was noted that the Council Meeting of 7 May 2014 was held in the Marana Auditorium, MacMahon St Hurstville.

 

His Worship the Mayor, Councillor J Jacovou opened the meeting at 7:01pm.

 

Following the National Anthem, the meeting was led in the Opening Prayer by Rev. Winston Gauder.

 

His Worship the Mayor, Councillor J Jacovou 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 J Jacovou also made a statement about audio and video recordings of the Council Meeting.

 

Apologies 

Apologies were tendered on behalf of Councillor P Sansom.

 

Minute No. 46

THAT apologies be accepted and leave of absence granted for Councillor P Sansom.

(Moved Councillor C Hindi / Councillor M Stevens)

 

Mayoral Minutes

Minute No. 47

Councillors, tonight’s Mayoral Minute relates to two matters:

1.    Last Saturday night, Council hosted the 2014 Mayoral Ball. More than 370 people attended the fundraising event for the Cancer Care Centre at St George Hospital. I am pleased to reveal that more than $28,195 was raised for this outstanding community health facility.  I would like to personally thank my fellow Councillors who purchased their own tickets and/or tables to attend the night. They included Deputy Mayor Nancy Liu, Con Hindi, Rita Kastanias, Emeritus Mayor Philip Sansom and Michelle Stevens.  In addition to the money raised on Saturday, Council hosted the annual Mayoral Golf Day at Hurstville Golf Course four weeks ago. Despite the wet conditions, the day was a great success and raised a staggering $28,743 for the Cancer Care Centre. A further $3,000 was also raised through a fundraising barbecue earlier in the year for the medical facility.  In total, I am delighted that Council has raised more than $60,000 through these three events.  Finally, I would like to thank the community, businesses, sponsors and supporters that participated in these events - without their continued support and generosity, Council would not be able to host these fundraising activities.

2.    I am pleased to announce that Council has secured a $164,500 grant from the NSW Government’s Waste Less, Recycle More initiative to construct a new Community Recycling Centre at the Work’s Depot at Mortdale. The centre will be run in partnership with Kogarah and Rockdale City Councils. The St George Recycling Centre will provide a convenient service for residents to drop off problem waste like paints, oils, batteries, gas cylinders, smoke detectors and fluorescent lights for free. This is a great initiative that will benefit the entire community by improving our waste and recycling services.

 

I move adoption of the minute.

(Moved His Worship the Mayor, Councillor J Jacovou / Deputy Mayor, Councillor N Liu)

 

Matters of Privilege

Councillor C Hindi expressed thanked Council for sending a floral arrangement to his daughter Rebecca who recently underwent surgery to remove her tonsils.

 

Councillor J Mining requested to move a Matter of Urgency and was given permission to do so by His Worship the Mayor, Councillor J Jacovou.  It was noted that urgency was granted as another Council Meeting would not be held before the State Government holds a Community Cabinet meeting in Hurstville on 19 May 2014.

 

Councillor B Thomas advised the Council that he would need to leave the Council Meeting before the conclusion and tendered his apologies.

 

MU003-14          Hurstville Community Cabinet Meeting

(Councillor J Mining)

Minute No. 48

RESOLVED THAT Council notes that the State Government will be holding its Community Cabinet meeting in Hurstville on 19 May 2014.

 

THAT the General Manager prepare an urgent letter to be sent to the Department of Premier & Cabinet outlining the following State Government related issues considered by Council since September 2012:

·         THAT Council notes its concern over the zoning changes imposed on the Hurstville Local Environmental Plan 2012 by the Department of Planning and Infrastructure and seeks the State Government’s support for the immediate overturning of these changes.

·         THAT Council notes its concern over any plans that would further downgrade or close Mortdale Fire Station and calls on the State Government to ensure that it remains a fully operational fire station.

·         THAT Council calls on the State Government to commit the necessary funding for the redevelopment of the St George Hospital so that work can commence as soon as planning is completed.

·         THAT Council calls on Roads and Maritime Services NSW to conduct a feasibility study as the first step in the development of eastern on and off ramps at the M5 interchange site on Belmore Road in Riverwood.

·         FURTHER THAT Council requests the State Government to re-consider its decision to move the Office of Environment and Heritage out of Hurstville in order to protect local jobs.

(Moved Councillor J Mining / Councillor B Thomas)

 

Disclosure of Interest

Councillor D Sin made a non-significant, non-pecuniary declaration of interest in item CCL108-14 Invitation - CASS Charity Dinner 2014 as Cr Sin is a Director of the Chinese Australian Services Society.

 

Councillor J Mining made a significant, pecuniary declaration of interest in item CCL098-14 84D Roberts Avenue Mortdale as Cr Mining’s employer, Woolworths Pty Ltd, is a tenant in the same building.

 

His Worship the Mayor, Councillor J Jacovou made a non-significant, non-pecuniary declaration of interest in item 75-75A and 77 Pitt Street Mortdale as his firm has undertaken legal work for the applicant and the applicant is known personally by Mayor Jacovou.

 

Minutes of previous meetings

Council Meeting - 16 April 2014

Minute No. 49

RESOLVED THAT the Minutes of the Council Meeting held on 16 April 2014 be adopted.

(Moved Councillor M Stevens / Councillor C Drane)

 

Council Reports

CCL094-14       445-447 Forest Road Penshurst - Alterations and Additions to existing Place of Public Worship - Mosque - first floor addition to existing building including dome structures on roof and construction of 21m high minaret (DA2013/0315)

(Report by Team Leader Major Projects, Ms L Locke)

Minute No. 50

RESOLVED THAT the application be refused on the following grounds:

1.    Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development will result in adverse amenity impacts due to the number of persons attending the site, the lack of on-site and off-street parking to accommodate any increase in patronage, and resulting traffic and parking congestion in neighbouring streets.

2.    Pursuant to Section 79C(1)(e) the proposed development is not considered to be in the public interest given submissions received and concerns raised over this development.

(Moved Councillor N Liu / Councillor M Stevens)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, , Councillor C Hindi, Councillor R Kastanias, Councillor D Sin, Councillor M Stevens

Against:

Councillor V Badalati, Councillor C Drane, Councillor J Mining, Councillor B Thomas, Councillor C Wu

 

It was noted that during debate on the above item, Councillor J Mining foreshadowed a motion refusing the application based on parking concerns. 

 

It was noted that His Worship the Mayor, Councillor J Jacovou seceded the Chair to Deputy Mayor N Liu at 7:57pm in order to speak on the application.  Mayor Jacovou resumed the Chair at 7:59pm.

 

Following discussion by Councillors, the mover and seconder amended the motion to the motion shown above.

 

It was noted that having declared an interest in the following item, His Worship the Mayor, Councillor J Jacovou seceded the Chair to Deputy Mayor N Liu and left the Chambers at 8:16pm.

 

CCL096-14       75-75A and 77 Pitt Street Mortdale - Demolition of existing and construction of new three storey residential flat building and basement parking (DA2013/0248)

(Report by Development Assessment Officer, Mr M Raymundo)

Minute No. 51

RESOLVED THAT the application be approved in accordance with the conditions included in the report.

(Moved Councillor R Kastanias / Councillor M Stevens)

 

For:

Deputy Mayor, Councillor N Liu, , Councillor C Hindi, Councillor R Kastanias, Councillor M Stevens, Councillor B Thomas, Councillor C Wu

Against:

Councillor V Badalati, Councillor C Drane, Councillor J Mining, Councillor D Sin

 

It was noted that His Worship the Mayor, Councillor J Jacovou returned to the Chambers at 8:22pm and resumed the Chair.

 

CCL097-14       115 Penshurst Street Penshurst - Demolition of existing dwelling and structures and construction of new multiple dwelling development with strata subdivision (DA2013/0325)

(Report by Development Assessment Officer, Mr K Kim)

Minute No. 52

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor C Hindi / Councillor N Li)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor D Sin, Councillor M Stevens, Councillor B Thomas, Councillor C Wu

Against:

Councillor J Mining

 

It was noted that Councillor B Thomas left the Chambers at 8:25pm and did not return to the meeting.

 

It was noted that having declared an interested in the following item, Councillor J Mining left the Chambers at 8:25pm.

 

CCL098-14       84D Roberts Avenue Mortdale - Fit-out and use of approved retail cafe tenancy - shop 1 - on ground level of approved development for a cafe and juice bar with associated signage (DA2014/0072)

(Report by Senior Development Assessment Officer, Ms P Bizimis)

Minute No. 53

RESOLVED THAT the application be approved in accordance with the conditions included in the report.

(Moved Councillor C Hindi / Councillor V Badalati)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor D Sin, Councillor M Stevens, Councillor C Wu

Against:

 

 

It was noted that Councillor J Mining returned to the Chambers at 8:28pm during discussion on the following item.

 

CCL099-14       309C Forest Road Hurstville - Change of use and fit-out for furniture retail and display (DA2014/0117)

(Report by Development Assessment Officer, Mr I Kokotovic)

Minute No. 54

RESOLVED THAT the application be approved subject to Section 94 contributions being imposed.

(Moved Councillor C Hindi / Councillor V Badalati)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor J Mining, Councillor D Sin, Councillor M Stevens,  Councillor C Wu

Against:

 

 

It was noted that the item was carried unanimously.

 

CCL100-14       42 - 44 Lawrence Street Peakhurst - Demolition of existing structures and construction of a residential flat building containing 4 x 1 bedroom 8 x 2 bedroom and 3 x 3 bedroom units with basement car parking area (DA2013/0386:1)

(Report by Senior Development Assessment Officer, Ms P Bizimis)

Minute No. 55

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor V Badalati / Councillor C Hindi)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor J Mining, Councillor D Sin, Councillor M Stevens,  Councillor C Wu

Against:

 

 

 

CCL101-14       66-68 Lawrence Street Peakhurst - Demolition of existing structures and construction of a three storey residential flat building containing 4 x 1 bedroom, 9 x 2 bedroom and 1 x 3 bedroom units with basement car parking for 19 cars (DA2013/0346)

(Report by Development Assessment Officer, Mr K Kim)

Minute No. 56

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor C Hindi / Councillor R Kastanias)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor J Mining, Councillor D Sin, Councillor M Stevens,  Councillor C Wu

Against:

 

 

 

CCL102-14       3-7 Gover Street Peakhurst - Demolition of existing and construction of new three storey residential flat building containing 23 units and basement parking (DA2013/0268)

(Report by Development Assessment Officer, Mr M Raymundo)

Minute No. 57

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor C Hindi / Councillor R Kastanias)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor J Mining, Councillor D Sin, Councillor M Stevens,  Councillor C Wu

Against:

 

 

It was noted that the item was carried unanimously.

 

PROCEDURAL MOTION

Minute No. 58

THAT CCL103-14 Modification to Proposed Mixed Use Building - PAC Approved Development - 21-35 Treacy Street Hurstville be referred to Committee of the Whole under Section 10A of the Local Government Act 1993 as the matter deals with Commercial in Confidence considerations and Council’s legal position on the matter.

(Moved Councillor C Hindi / Councillor M Stevens)

 

For:

His Worship the Mayor, Councillor J Jacovou, Deputy Mayor, Councillor N Liu, Councillor V Badalati, Councillor C Drane, Councillor C Hindi, Councillor R Kastanias, Councillor J Mining, Councillor D Sin, Councillor M Stevens,  Councillor C Wu

Against:

 

 

 

CCL104-14       Reporting of Joint Regional Planning Panel Decisions (09/935)

(Report by Manager Development Assessment, Ms T Christy)

Minute No. 59

RESOLVED THAT Council receive and note the report.

(Moved Councillor C Hindi / Councillor V Badalati)

 

CCL105-14       Return of Thanks (14/24)

(Report by Manager Corporate Governance and Records, Mrs K Garske)

Minute No. 60

RESOLVED THAT the information be received and noted.

(Moved Councillor C Hindi / Councillor V Badalati)

 

CCL106-14       Request for Dog Off Leash Area - Gifford Park (13/522)

(Report by Manager Engineering Services, Mrs M Whitehurst)

Minute No. 61

RESOLVED THAT the request to install a dog off leash area in Gifford Park be declined due to the size of the park and the existing number of activities played at this location.

 

FURTHER THAT Council Officers investigate potential locations for the installation of an off leash area in the Penshurst or Hurstville Area with a report to be tabled at a future Council Meeting outlining these options.

(Moved Councillor V Badalati / Councillor C Drane)

 

It was noted that further to the movement of the above motion, Councillor J Mining proposed the second paragraph which was accepted by the mover and seconder.

 

CCL107-14       Community Feedback - Off Leash Dog Area at Evatt Park (14/595)

(Report by Manager Engineering Services, Mrs M Whitehurst)

Minute No. 62

RESOLVED THAT the installation of an off-leash dog area at Evatt Park go ahead for a trial period of six months between the hours of 5am to 9am Monday to Friday only.

(Moved Councillor M Stevens / Councillor R Kastanias)

 

The motion was declared carried on show of hands.

 

It was noted that having declared an interested in the below item, Councillor D Sin left the Chambers at 8:59pm.

 

CCL108-14       Invitation - CASS Charity Dinner 2014 (14/13)

(Report by Governance Officer, Mr D Henkel)

Minute No. 63

RESOLVED THAT Council purchases a table of 10 to the CASS Charity Dinner.

(Moved Councillor C Hindi / Councillor R Kastanias)

 

 

CCL109-14       Youth Sponsorship Request - Georges River College Stage Band (14/41)

(Report by Manager Corporate Governance and Records, Mrs K Garske)

Minute No. 64

RESOLVED THAT sponsorship of $500.00 for the Georges River College Stage Band be approved.

(Moved Councillor J Mining / Councillor M Stevens)

  

Committee of the Whole (Closed Council Meeting)

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 following matters should or should not be closed. As no representations were received from members of the public the Mayor put the motion.

 

Minute No. 65

RESOLVED THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the following matters be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded.

 

COW034-14      Tender - Preparation of an Overflow Flood Study of the Hurstville Local Government Area (13/1783)

(Report by Manager Contracts, Mrs S Geadah)

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 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 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 the provisions of Section 11(2) of the Act, the reports and correspondence relating to these matters be withheld from the press and public.

 

FURTHER 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.

(Moved Councillor V Badalati / Councillor N Liu)

 

It was noted that the Council, the General Manager, the Director Planning and Development and the Manager Corporate Governance & Records retired to a separate meeting room for the conduct of Committee of the Whole at 9:01pm.

 

Consideration of Committee of the Whole Recommendations

 

CCL103-14       Modification to Proposed Mixed Use Building - PAC Approved Development - 21-35 Treacy Street Hurstville (10/1482)

(Report by Director Planning and Development, Mr M Watt)

Minute No. 66

RESOLVED THAT Council authorises the General Manager and Director Planning and Development to oppose the proposal.

(Moved Councillor C Hindi / Councillor M Stevens)

 

COW034-14      Tender - Preparation of an Overflow Flood Study of the Hurstville Local Government Area (13/1783)

(Report by Manager Contracts, Mrs S Geadah)

Minute No. 67

RESOLVED THAT SMEC Australia Pty Ltd be engaged to carry out the overland flow study for Hurstville Local Government Area.

 

THAT the General Manager be authorised to enter in contract with SMEC Australia Pty Ltd on behalf of Council.

 

FURTHER THAT Council notifies in writing the unsuccessful tenders and thanks them for their submission.

(Moved Councillor C Hindi / Councillor C Drane)

 

Open Council

Minute No. 68

RESOLVED THAT the Committee of the Whole revert to Open Council.

(Moved Councillor V Badalati / Councillor C Drane)

 

It was noted that the Open Council meeting resumed at 9:17pm in the Marana Auditorium.

 

Report of the Committee of the Whole

Minute No. 69

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 C Drane / Councillor M Stevens)

 

 

Conclusion

The Meeting was closed at 9:18pm.

 

Minutes confirmed Wednesday 21st May 2014.

 

 

 

Chairperson