Council MEETING

MINUTES OF MEETING

Wednesday, 5 August 2015

 Present

Council Members

His Worship the Mayor, Councillor C Hindi

Deputy Mayor, Councillor M Stevens

Councillor V Badalati

Councillor C Drane

Councillor R Kastanias

Councillor N Liu

Councillor P Sansom

Councillor D Sin

Councillor B Thomas

Council Staff

Acting General Manager, Mr L O’Connor

Director Administration, Mr J Tripp

Acting Director Planning & Development, Ms T Christy

Acting Director Service Delivery, Ms M Whitehurst

Chief Financial Officer, Mr T Caltabiano

Manager Environmental Services, Ms F Stock

Acting Manager Public Relations & Events, Ms A Gregory-Desmond

Corporate Lawyer, Ms J Ware

Manager L.M.G.E, Ms R Shultz

Senior Traffic Engineer, Ms S Selim

Team Leader Major Projects, Ms L Locke

Senior D.A. Officer, Ms T Gizzi

Manager Corporate Governance, Ms K Garske

Governance Officer, Ms S Camilleri

 

Opening

His Worship the Mayor, Councillor C Hindi opened the meeting at 7:06pm.

 

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

 

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

Apologies 

Apologies were received from Councillor C Wu and Councillor J Mining.

 

Minute No. 518

THAT apologies be accepted and leave of absence be granted for Councillor C Wu and Councillor J Mining.

(Moved Councillor V Badalati / Councillor C Drane)

Mayoral Minutes

Minute No. 519

Councillors, tonight's Mayoral Minute relates to one item.  I would like to take this opportunity to commend and say thank you to Hurstville City Council staff for their ongoing great work and commitment in conducting business as usual to serve the community during this difficult time.

 

Recently, I felt comments made by a former Hurstville City Councillor in the local media that described Council as “dysfunctional” as unnecessary and simply untrue in relation to the workings of Council.

 

Council staff and the Acting General Manager, Laurie O’Connor should be commended for their ongoing outstanding work as it exemplifies the strength of our organisation as Council has collaboratively worked together to achieve great results and is functioning well.

 

Finally, as Mayor of Hurstville, I am extremely proud of Council’s achievements to date as Council is continuing to deliver better services and facilities for the long-term for the whole community and this would not be possible without the full support of Council staff.

 

I move adoption of the minute.

(Moved His Worship the Mayor, Councillor C Hindi / Councillor R Kastanias)

 

It was noted that Councillor B Thomas entered the Council Chamber at 7:10pm and tendered his apologies for arriving late.

Matters of Privilege

His Worship the Mayor, Councillor C Hindi advised the Council of the birth of a boy, Jacob, to Rebecca and Rodney Harrington.  Rebecca is an Administrative Assistant in Councils Children's Services department.  Both mother and baby are well.  A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Rodney and Rebecca congratulating them on the birth of their baby son.

 

Minute No. 520

His Worship the Mayor, Councillor C Hindi advised the Council of the birth of a baby girl, Loren to Councillor Christina Wu.  Mayor Hindi requested that a floral arrangement be sent on behalf of the Mayor, Councillors and Staff to Councillor Wu and her husband Fernando congratulating them on the birth of their baby daughter.

 

Minute No. 521

Deputy Mayor, Councillor M Stevens advised Council that a water station at Evatt Park was recently installed, and Clr Stevens requested that the Service Delivery staff be thanked for arranging the installation of the water station.

Disclosure of Interest

Councillor D Sin declared a non-significant, non-pecuniary interest in CCL801-15 – 53 Edgbaston Rd Beverly Hills – Demolition of Garage and Construction of Secondary Dwelling; CCL802-15 – 75 Edgbaston Rd Beverly Hills – Demolition and Construction of Attached Dual Occupancy and Detached Rear Garage; and CCL804-15 – 5 George St Penshurst – Demolition and Construction of 2 Storey House with Secondary Dwelling as Clr Sin acted for the purchasers of these properties.  Clr Sin advised the Council he would be leaving the Chambers for these matters.

Deputy Mayor, Councillor M Stevens declared a significant, pecuniary interest in QN012-15 – 6 Regan St Hurstville as Deputy Mayor Stevens resides at that address.

Councillor B Thomas declared a non-significant, non-pecuniary interest in COW100-15 – Code of Conduct – Clr C Hindi – 2998 as Clr Thomas is mentioned in the report.

 

His Worship the Mayor, Councillor C Hindi declared a non-significant, pecuniary interest in COW095-15 - Rescission Motion – Legal Advice Expense as Mayor Hindi was involved in the confidential matter.

Minutes of previous meetings

Council Meeting - 15 July 2015

Minute No. 522

RESOLVED THAT the Minutes of the Council Meeting held on 15 July 2015 be adopted.

(Moved Councillor V Badalati / Councillor P Sansom)

Council Reports

CCL789-15       Minutes to the PIN Review Committee - 30 June 2015 (15/42)

(Report by Manager Environmental Services, Ms F Stock)

Minute No. 523

RESOLVED THAT Council endorse the recommendations of the PIN Review Committee held on the 30 June 2015.

(Moved Councillor P Sansom / Councillor V Badalati)

 

CCL790-15       12 Park St Peakhurst - Section 96 Modification to Approved Mixed Use to accommodate Mechanical Ventilation Duct and to screen Rooftop Duct and Fan (MOD2015/0043)

(Report by Independent Assessment, Consultant Planner)

Minute No. 524

RESOLVED THAT the Section 96 application be approved in accordance with the conditions included in the report.

 

THAT the unauthorised work of the existing air vent be removed within 28 days.

 

THAT a Penalty Infringement Notice be issued to the business owner – development without development consent, corporation Class 2-9 building (code 16272 - $3000).

 

FURTHER THAT a report for the entire building be returned to the next Council meeting with the following:

1.         What are the non-Compliances with the BCA?

2.         Whether the owner has fixed any other non-Compliances?

3.         What else has not been approved?

4.         What actions the Council Officers have taken?

5.         What fines, if any, have been imposed?

(Moved Councillor V Badalati / Councillor C Drane)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL791-15       115 Vanessa St Kingsgrove - Use and Fit Out of Transport Depot (DA2015/0016)

(Report by Development Assessment Officer, Mr M Raymundo)

Minute No. 525

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

 

FURTHER THAT appropriate signage be installed that directs buses to turn left only at The Crescent so that all buses will go to Kingsgrove Road.

 

FURTHER THAT Council writes to Rockdale City Council and the RMS regarding the traffic lights at the intersection of Kingsgrove Road and the allocated parking spaces along Kingsgrove Road up to Morgan Street.

(Moved Councillor V Badalati / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL792-15       33 Universal St Mortdale - Alterations and additions to dwelling - two storey addition to the rear (DA2014/1187)

(Report by Assistant Town Planner, Mr A Zhou)

Minute No. 526

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

(Moved Councillor R Kastanias / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL793-15       61 Barry Ave Mortdale - Alterations and Additions to Existing Industrial Unit (DA2014/1117)

(Report by Development Assessment Officer, Mr M Raymundo)

Minute No. 527

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

(Moved Councillor R Kastanias / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL794-15       119 Boundary Rd Peakhurst - Demolition and Construction of 3 Storey Warehouse and Showroom (DA2014/1061)

(Report by Senior Development Assessment Officer, Ms T Gizzi)

 

Prior to the matter being considered, the following Speaker addressed Council:

·         Mr Michael Popovski in favour of the application’s approval.

 

It was noted that Councillor D Sin left the Council Chambers at 7:52pm and returned at 7:54pm.

 

Minute No. 528

RESOLVED THAT the application be deferred to allow for a re-design.

(Moved Councillor V Badalati / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL795-15       39 - 41 Trafalgar St Peakhurst - Demolition and Construction of 3 Storey Residential Flat Building (DA2014/1147)

(Report by Development Assessment Officer, Mr P Nelson)

Minute No. 529

RESOLVED THAT the application be granted a deferred commencement approval in accordance with the conditions included in the report.

(Moved Councillor R Kastanias / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Councillor P Sansom, Councillor D Sin, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:     Deputy Mayor, Councillor M Stevens, Councillor V Badalati

 

It was noted that the Acting General Manager, Mr L O’Connor, took a Question on Notice relating to the constraints on ‘isolated sites’.  The matter of ‘isolated sites’ was later referred to a Councillor Workshop on 12 August 2015 (ref CCL796-15) and will be addressed there.   

 

It was noted that subsequent to the Council Meeting, the Acting General Manager has received a rescission motion to be considered at the Council Meeting of 19 August 2015.

 

CCL796-15       27 and 27A Austral St Penshurst - Demolition and Construction of Residential Flat Building (DA2014/1163)

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

 

Prior to the matter being considered, the following Speaker addressed Council:

·         Mr Ali Hammoud in favour of the application’s approval.

 

Minute No. 530

RESOLVED THAT the application be deferred to the next Council Meeting.

 

FURTHER THAT the matter of ‘isolated sites’ be referred to the Councillor Workshop to be held on 12 August 2015.

(Moved Councillor R Kastanias / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor Councillor M Stevens, Councillor V Badalati, Councillor P Sansom, Councillor D Sin, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:    

 

It was noted that the motion was carried unanimously.

 

CCL797-15       37 - 39 Macquarie Pl Mortdale - Construction of Residential Flat Building (DA2014/1183)

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

Minute No. 531

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

(Moved Councillor P Sansom / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL798-15       45 - 49 Macquarie Pl Mortdale - Demolition and Construction of Residential Flat Building (DA2014/1170)

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

Minute No. 532

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

(Moved Councillor R Kastanias / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that His Worship the Mayor, Councillor C Hindi called a short recess at 8:31pm.  The Council Meeting resumed at 8:44pm with all Councillors present.

 

CCL799-15       8 Hampden St Beverly Hills - Demolition and Construction of Residential Flat Building (DA2014/0983)

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

Minute No. 533

RESOLVED THAT the application be deferred to the next Council Meeting.

(Moved Councillor C Drane / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL800-15       6 Vanessa St Beverly Hills - Demolition and Construction of Detached Dual Occupancy with Pools (DA2014/1173)

(Report by Senior Development Assessment Officer, Ms T Gizzi)

 

Prior to the matter being considered, the following Speakers addressed Council:

·         Ms Jennifer Aquilina against the application’s approval.

·         Ms Antonia Cachia against the application’s approval.

 

Minute No. 534

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor B Thomas / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that Councillor D Sin left the Council Chambers at 8:59pm having declared an interest in the following items.

 

CCL801-15       53 Edgbaston Rd Beverly Hills - Demolition of Garage and Construction of Secondary Dwelling (DA2015/0051)

(Report by Assistant Town Planner, Mr A Zhou)

Minute No. 535

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

(Moved Councillor R Kastanias / Councillor V Badalati)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

CCL802-15       75 Edgbaston Rd Beverly Hills - Demolition and Construction of Attached Dual Occupancy and Detached Rear Garage (DA2014/1025)

(Report by Development Assessment Officer, Mr P Nelson)

Minute No. 536

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

(Moved Councillor V Badalati / Councillor P Sansom)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that Councillor D Sin returned to the Council Chambers at 9:06pm.

 

CCL803-15       48 Henry Lawson Dr Peakhurst - Two Storey Dwelling with Attached Secondary Dwelling (DA2015/0040)

(Report by Acting Development Assessment Officer, Mr E Gescheit)

Minute No. 537

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

(Moved Councillor P Sansom / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

It was noted that Councillor D Sin left the Council Chambers at 9:08pm having declared an interest in the following item.

 

CCL804-15       5 George St Penshurst - Demolition and Construction of 2 Storey House with Secondary Dwelling (DA2015/0159)

(Report by Development Assessment Officer, Mr I Kokotovic)

Minute No. 538

RESOLVED THAT the application be granted ‘deferred commencement’ consent in accordance with the conditions included in the report.

(Moved Councillor V Badalati / Councillor R Kastanias)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

It was noted that Councillor D Sin returned to the Council Chambers at 9:09pm.

 

CCL805-15       32 Wellington Rd Hurstville - Demolition and Construction of 2 Storey Dwelling with Detached Secondary Dwelling (DA2015/0078)

(Report by Assistant Town Planner, Mr A Zhou)

Minute No. 539

RESOLVED THAT the application be granted a 'deferred commencement' approval in accordance with the conditions included in the report.

(Moved Councillor R Kastanias / Councillor N Liu)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL806-15       Unit 53 2 - 8 Bridge St Hurstville - Conversion of Office to Child Care Centre (DA2014/1108)

(Report by Development Assessment Officer, Mr M Raymundo)

 

On being advised that a motion would be moved deferring the application for a site inspection, the three registered speakers reserved their right to speak when the application is next considered by Council.

 

Minute No. 540

RESOLVED THAT the application be deferred for a site inspection.

(Moved Councillor R Kastanias / Councillor N Liu)

 

For:            His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against:

 

It was noted that the motion was carried unanimously.

 

CCL807-15       Revised Planning Proposal Request and Offer to enter into a Planning Agreement - 108 112 and 124 Forest Rd and 1 - 3 Wright St Hurstville (14/1910)

(Report by Senior Strategic Planner, Ms H Singh)

 

Prior to the matter being considered, the following Speaker addressed Council:

·         Mr Tony Polvere in favour of the application approval.

 

It was noted that the second registered speaker, Mr George El Khouri was declined to address Council.

 

Minute No. 541

RESOLVED THAT Council refuses the planning proposal.

(Moved Councillor V Badalati / Councillor M Stevens)

 

For:            Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor D Sin, Councillor V Badalati, Councillor C Drane, Councillor N Liu, Councillor B Thomas

Against:     His Worship the Mayor, Councillor C Hindi, Councillor R Kastanias

 

It was noted that subsequent to the Council Meeting, the Acting General Manager has received a rescission motion to be considered at the Council Meeting of 19 August 2015.

 

CCL808-15       Planning Proposal - Amendments to Hurstville LEP 2012 - Non-Residential Floor Space Ratio and Active Street Frontage Controls in the B1 Neighbourhood Centre and B2 Local Centre Zones. (15/561)

(Report by Strategic Planner, Ms L McMahon)

Minute No. 542

RESOLVED THAT Council receive and note the report.

(Moved Councillor V Badalati / Councillor P Sansom)

 

CCL809-15       Preliminary Investment Register as at 30 June 2015 (14/1113)

(Report by Financial Accountant and Risk Management, Ms R Matienga)

Minute No. 543

RESOLVED THAT the report on the Preliminary Investment Register as at 30 June 2015 be received and noted.

(Moved Councillor P Sansom / Deputy Mayor, Councillor M Stevens)

 

CCL810-15       2015 NSW Government Community Building Partnership Funds (15/928)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 544

RESOLVED THAT Council approve the following list of projects to be submitted under the 2015 Community Building Partnership Program:

·    Floodlighting Vanessa Street multi-purpose courts (Kogarah Electorate)

·    Floodlighting – Riverwood Park (Lakemba Electorate)

·    Playground upgrades - various locations (Oatley Electorate)

(Moved Councillor P Sansom / Councillor V Badalati)

 

It was noted that the motion was carried unanimously.

 

CCL811-15       Allocation of 2015-2016 Road Re-sheeting Program (15/963)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 545

RESOLVED THAT Council approve the following list of projects to be undertaken as part of the 2015-2016 Road Re-sheeting Program:

·    Forest Road, Hurstville – Treacy Street to Park Road

·    Park Road, Hurstville – Forest Road to Cross Street

·    Thurlow Street, Riverwood

·    Sunlea Avenue, Mortdale

·    Treloar Avenue, Mortdale

·    Ocean Street, Penshurst  – Newman Street to Victoria Avenue

(Moved Councillor R Kastanias / Councillor D Sin)

 

CCL812-15       Concessional Rental Request - Sunny Performing Arts (15/293)

(Report by Manager Library Museum and Entertainment, Ms R Schulz)

Minute No. 546

RESOLVED THAT the application for a concessional rental of $1,600 for Sunny Performing Arts be approved.

(Moved Councillor N Liu / Councillor R Kastanias)

 

CCL813-15       Concessional Rental Request - St George Migrant Resource Centre (15/293)

(Report by Manager Library Museum and Entertainment, Ms R Schulz)

Minute No. 547

RESOLVED THAT the application for a concessional rental of $3,240.00 for St George Migrant Resource Centre is approved.

(Moved Councillor P Sansom / Councillor N Liu)

 

It was noted that the motion was carried unanimously.

 

CCL814-15       Regional Illegal Dumping - RID - Squad (15/9)

(Report by Manager Environmental Services, Ms F Stock)

Minute No. 548

RESOLVED THAT Council agree to the participation in the Sydney Regional Illegal Dumping (RID) Squad for 2 years.

 

THAT Council allocates $62,500 per annum for 2 years from its Better Waste Recycling Fund to fund this program.

 

FURTHER THAT the Acting General Manager be authorised to sign the Strategic Alliance Document.

(Moved Councillor V Badalati / Councillor P Sansom)

 

CCL815-15       Invitation to The Rotary Club of St George Next Gen Launch (15/155)

(Report by Governance Officer, Ms S Camilleri)

Minute No. 549

RESOLVED THAT Council purchase 2 tables of 10 or donate $800.

 

FURTHER THAT any interested Councillors and their partners, and staff as approved by the Acting General Manager be approved to attend.

(Moved Councillor P Sansom / Councillor R Kastanias)

 

It was noted that the motion was carried unanimously.

 

CCL816-15       Request to Host 2 Matches - Cricket Australia 2015 Womens National Cricket League - Hurstville Oval (15/822)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 550

RESOLVED THAT Council approve the hosting of two (2) matches as part of the 2015 Women’s National Cricket League at Hurstville Oval in November 2015 and January 2016.

 

THAT Council approve the waiving of all fees associated with these matches.

 

FURTHER THAT the Acting General Manager be authorised to sign the Venue Agreement with Cricket Australia.

(Moved Councillor V Badalati / Councillor C Drane)

 

CCL817-15       Request for Support - Public Rally to Oppose Forced Council Mergers (14/1483)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 551

RESOLVED THAT Council advises Canterbury Council that Hurstville Council supports the public rally and would be willing to participate.

(Moved Councillor B Thomas / Councillor C Drane)

 

It was noted that the motion was carried unanimously.

 

CCL818-15       Request For Feasibility of Establishing a Friendship City Relationship with Nanchong City  (15/178)

(Report by Acting Manager Public Relations & Events, Ms A Gregory-Desmond)

Minute No. 552

RESOLVED THAT Council approves exploring the feasibility of a Friendship City relationship with Nanchong City.

 

FURTHER THAT a report comes back to the next Council Meeting.

(Moved Councillor N Liu / Councillor P Sansom)

 

It was noted that Deputy Mayor, Councillor M Stevens voted against the matter.

 

CCL819-15       Feasibility Study - Regional Athletics Facility (15/942)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 553

RESOLVED THAT Council allocates $20,000 from Working Capital Surplus to commission a feasibility study to identify an appropriate location for a regional athletics facility within the Hurstville Local Government Area.

(Moved Councillor P Sansom / Councillor V Badalati)

 

It was noted that the motion was carried unanimously.

 

CCL820-15       Ward Councillor Report - Request to Remove Council Street Tree - 50 Cambridge St Penshurst (14/535)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 554

RESOLVED THAT the removal of one Council street tree at 50 Cambridge Street, Penshurst be approved due to the street tree damaging part of the property.

(Moved Councillor D Sin / Councillor V Badalati)

 

CCL821-15       Ward Councillor Report - Request to Remove Private Tree - 60 Illawarra Parade, Beverly Hills (14/535)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 555

RESOLVED THAT the removal of one private tree at 60 Illawarra Parade, Beverly Hills be approved due to the damage the trees are causing to the property and potential safety concerns.

(Moved Councillor V Badalati / Councillor C Drane)

 

CCL822-15       Voting Delegates - LGNSW Annual Conference 2015 (15/155)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 556

RESOLVED THAT Council nominates Councillor Wu, Councillor Kastanias, Councillor Badalati and Councillor Sansom as voting delegates at the LGNSW Annual Conference 2015.

 

FURTHER THAT Councillor Drane and Councillor Sin be nominated as alternates.

(Moved Councillor V Badalati / Councillor P Sansom)

 

CCL823-15       Credit Cards and Reimbursements (15/543)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 557

RESOLVED THAT the information be received and noted.

 

FURTHER THAT all Councillors reimbursements are to be included in future reports.

(Moved Councillor P Sansom / Councillor V Badalati)

 

CCL824-15       Resignation of Councillor J Jacovou (15/932)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 558

RESOLVED THAT Hurstville City Council acknowledges Councillor J Jacovou’s service to Hurstville City Council and the Hurstville community.

 

THAT Council confirms the alternate delegate, His Worship the Mayor, Councillor C Hindi, as the delegate to the Joint Regional Planning Panel.

 

THAT Council nominates a Councillor as delegate to the Traffic Advisory Committee.

 

FURTHER THAT Council applies to the Minister for Local Government to forego the conduct of a by-election (Peakhurst Ward) and replace the vacant position at the next Local Government elections.

(Moved Councillor P Sansom / Deputy Mayor, Councillor M Stevens)

 

It was noted that the motion was declared lost on voices but carried on show of hands.

 

It was noted that subsequent to the Council Meeting, the Acting General Manager has received a rescission motion to be considered at the Council Meeting of 19 August 2015.

 

Minute No. 559

THAT Councillor V Badalati be nominated to the Traffic Advisory Committee.

(Moved Councillor P Sansom / Councillor C Drane)

 

CCL825-15       Return of Thanks (15/155)

(Report by Executive Assistant to the General Manager, Ms J Attard)

Minute No. 560

RESOLVED THAT the information be received and noted.

(Moved Councillor B Thomas / Deputy Mayor, Councillor M Stevens)

Notices of Motion

NM065-15          Rescission Motion - Proposed Dog-Off Leash areas in Hurstville Local Government Area (15/155)

(Report by Deputy Mayor, Councillor M Stevens, Councillor B Thomas and Councillor P Sansom)

Deputy Mayor, Councillor M Stevens moved the following motion, seconded by Councillor Sansom:

THAT the resolution of the Council Meeting of 15 July 2015 in relation to CCL783-15 Community Feedback - Proposed Dog-Off Leash Areas In Hurstville Local Government Area be rescinded:

                   THAT Council receive and note the report.

 

          FURTHER THAT if the rescission motion is successful that it be superseded by the    following:

          THAT Council approve the trial off-leash dog area for six (6) month trial for Peakhurst Park (Monday to Friday from 5am to 9am).

 

Minute No. 561

The rescission motion was declared lost on show of hands.

 

It was noted that the Council Resolution of 15 July 2015 stands.

It was noted that Deputy Mayor, Councillor M Stevens left the Council Chambers at 9:59pm having declared a significant pecuniary interest in the following item. 

His Worship the Mayor, Councillor C Hindi relinquished the Chair to Councillor P Sansom at 10:00pm to join the floor.

Questions with Notice

QN012-15          Question with Notice - 6 Regan St Hurstville (15/155)

(Report by His Worship the Mayor, Councillor C Hindi)

Minute No. 562

RESOLVED THAT the information be received and noted.

(Moved Councillor C Hindi / Councillor B Thomas)

 

It was noted that His Worship the Mayor, Councillor C Hindi congratulated the Director of Service Delivery and the staff on their handling this matter.

 

It was noted that subsequent to the Council Meeting, the Acting General Manager has received a rescission motion to be considered at the Council Meeting of 19 August 2015.

 

It was noted that His Worship the Mayor, Councillor C Hindi resumed the Chair at 10:03pm.

 

It was noted that Deputy Mayor, Councillor M Stevens returned to the Council Chambers at 10:04pm.

 

QN013-15          Response to Questions taken on Notice - 25 May 2015 (15/155)

(Report by Councillor B Thomas)

Minute No. 563

RESOLVED THAT the information be received and noted.

(Moved Councillor C Drane / Councillor R Kastanias)

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 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. 564

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.

 

COW095-15      Rescission Motion - Legal Advice Expense (12/2129)

(Report by Councillor B Thomas, Deputy Mayor Councillor M Stevens and Councillor J Mining)

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) (a) (g) it is considered the matter deals with personnel matters concerning particular individuals (other than Councillors); AND 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 deals with personnel matters concerning particular individuals (other than Councillors); AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

COW096-15      Legal Advice - Liquidation of Keystone Projects Pty Ltd (15/941)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

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) (diii) it is considered the matter contains commercial information of a confidential nature that would, if disclosed reveal a trade secret.

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 contains commercial information of a confidential nature that would, if disclosed reveal a trade secret.

 

COW097-15      Tender - Provision of Property Management Services (T15/001)

(Report by Property Portfolio Manager, Mr B Morabito)

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) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the 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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW098-15      Property Matter - Drainage Reserve at Heber St Hurstville (15/816)

(Report by Property Portfolio Manager, Mr B Morabito)

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) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the 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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW099-15      Property Matter - New Lease of Office Suite - 34 MacMahon Street Hurstville (13/149)

(Report by Property Portfolio Manager, Mr B Morabito)

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) (c) it is considered the matter information that would, if disclosed, confer a commercial advantage on a person with whom the 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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

COW100-15      Code of Conduct - Cr C Hindi - 2998 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

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) (I) it is considered the matter alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

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 alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

 

COW101-15      Code of Conduct - Cr C Hindi - 3019 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

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) (I) it is considered the matter alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

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 alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

 

COW102-15      Legal Right for Council to Suspend Access to Computer System (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

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) (a) (g) it is considered the matter deals with personnel matters concerning particular individuals (other than Councillors); AND 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 deals with personnel matters concerning particular individuals (other than Councillors); AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

COW103-15      Tender for Provision of Legal Services (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

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) (diii) it is considered the matter contains commercial information of a confidential nature that would, if disclosed reveal a trade secret.

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 contains commercial information of a confidential nature that would, if disclosed reveal a trade secret.

 

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 C Drane / Councillor V Badalati)

 

It was noted that His Worship the Mayor, Councillor C Hindi called a short recess at  10:06pm.

 

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

 

It was noted that the Committee of the Whole commenced at 10:19pm with all Councillors present.

 

His Worship the Mayor, Councillor C Hindi relinquished the Chair and left the Council Chambers, having declared an interest in the following item.

 

It was noted that Deputy Mayor, Councillor M Stevens took the Chair at 10:19pm.

Consideration of Committee of the Whole Recommendations

COW095-15      Rescission Motion - Legal Advice Expense (12/2129)

(Report by Councillor B Thomas, Deputy Mayor Councillor M Stevens, and Councillor J Mining)

Councillor B Thomas moved the following motion:

          THAT the following resolution of the Council Meeting of 15 July 2015 in relation to     COW085-15 Legal Advice Expense be rescinded:

       THAT Council pays the fees to Corrs Westgarth Lawyers.

 

          FURTHER THAT if the rescission motion is successful that it be superseded by the    following:

       THAT Council write to Corrs Chambers Westgarth Lawyers and confirm that the legal advice provided by Corrs Chambers Westgarth to Mayor Hindi at Mayor Hindi's    request was not authorised by Council in any way, shape or form, and that as a consequence Council will not be paying for that advice.

 

       FURTHER THAT Corrs Chambers Westgarth be advised to direct their invoice to the person or persons who incurred these costs.

Minute No. 565

The rescission motion was declared lapsed due to a lack of a Seconder.

 

It is noted that the Council resolution of 15 July 2015 stands.

 

It was noted that Deputy Mayor, Councillor M Stevens relinquished the Chair at 10:22pm.

 

His Worship the Mayor, Councillor C Hindi returned to the Council Chambers and resumed the Chair at 10:22pm.

 

COW096-15      Legal Advice - Liquidation of Keystone Projects Pty Ltd (15/941)

(Report by Acting Director Service Delivery, Mrs M Whitehurst)

Minute No. 566

RESOLVED THAT the information be received and noted.

 

THAT the Acting General Manager be authorised to proceed with legal advice as it arises.

 

FURTHER THAT a report be tabled at a future Council Meeting outlining the status of the proceedings.

(Moved Councillor V Badalati / Councillor P Sansom)

 

COW097-15      Tender - Provision of Property Management Services (T15/001)

(Report by Property Portfolio Manager, Mr B Morabito)

Minute No. 567

RESOLVED THAT the Contract for Provision of Property Management Services for Council’s commercial property portfolio be awarded to Sydney South Property Agents for a period of three (3) years commencing 1 July 2015.

 

THAT the Acting General Manager be authorised to enter in Contract with Senpai Pty Ltd (trading as Sydney South Property Agents) on behalf of Council.

 

FURTHER THAT Council notifies in writing the unsuccessful Tenderers and thanks them for their submissions.

(Moved Councillor V Badalati / Councillor P Sansom)

 

COW098-15      Property Matter - Drainage Reserve at Heber St Hurstville (15/816)

(Report by Property Portfolio Manager, Mr B Morabito)

Minute No. 568

RESOLVED THAT Council obtain title to Lot 63 in DP11797 being a drainage reserve dedicated to the public.

 

THAT Council grant an Easement to Drain Water over the drainage reserve being Lot 63 in DP11797 as generally detailed in this report.

 

FURTHER THAT the Acting General Manager and Mayor be authorised to execute the s88B Instrument or Transfer Granting Easement and all associated documentation to obtain title to the reserve and create the easement and under Common Seal of the Council, if required.

(Moved Councillor V Badalati / Councillor R Kastanias)

 

COW099-15      Property Matter - New Lease of Office Suite - 34 MacMahon Street Hurstville (13/149)

(Report by Property Portfolio Manager, Mr B Morabito)

Minute No. 569

RESOLVED THAT Council approves the proposed lease terms including options and conditions as generally detailed in report.

 

FURTHER THAT authority is given to the Mayor and/or Acting General Manager to execute all documentation, and where necessary, affix the Common Seal of Council.

(Moved Councillor V Badalati / Councillor R Kastanias)

 

It was noted that Councillor B Thomas left the Council Chambers at 10:32pm having declared an interest in the following item.

 

His Worship the Mayor, Councillor Hindi relinquished the Chair to the Deputy Mayor Councillor  Stevens at 10:32pm. 

 

COW100-15      Code of Conduct - Cr C Hindi - 2998 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

 

It was noted that Hs Worship the Mayor, Councillor C Hindi left the Chambers at 10:35pm.

 

Minute No. 570

RESOLVED THAT Councillor Hindi formally apologise in writing to Councillor Thomas for accusations and comments he made to him in the course of the Council meeting of 18 March 2015;

 

THAT such apology to be tendered at the next available Council meeting after the receipt and acceptance of this report;

 

THAT the apology be recorded in full in the minutes of the Council meeting.

 

THAT Council resolves that Councillor Hindi be formally counselled under Section 440G of the Local Government Act 1993; and

 

FURTHER THAT the matter is forwarded to the Office of Local Government for further action under the misconduct provisions under the Act.

(Moved Councillor P Sansom / Councillor V Badalati)

 

It was noted that Councillor B Thomas returned to the Council Chambers at 10:50pm.

 

It was noted that His Worship the Mayor, Councillor C Hindi returned to the Chambers at 10:50pm.

 

COW101-15      Code of Conduct - Cr C Hindi - 3019 (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

 

It was noted that His Worship the Mayor, Councillor C Hindi left the Council Chambers at 11:00pm.

 

Minute No. 571

RESOLVED THAT Council requests that the Investigator makes additional inquiries, on additional information that Council may be able to provide stemming from the relevant GIPAA application on 40 Crump Street.

 

FURTHER THAT under Clause 8.50 of the Administration Procedures for the Code of Conduct, the Reviewer provides a supplementary report based on the additional information, as Council believes that the Reviewer has not had access to all of the relevant information.

(Moved Councillor V Badalati / Councillor D Sin)

 

It was noted that the motion was carried unanimously.

 

It was noted that during debate on the above item, the following Procedural Motion was moved:

Minute No. 572

RESOLVED THAT the Council Meeting be extended by 30 minutes in order to complete the Agenda.

(Moved Councillor P Sansom / Councillor C Drane)

 

It was noted that Deputy Mayor, Councillor M Stevens relinquished the Chair at 11:50pm.

 

It was noted that His Worship the Mayor, Councillor C Hindi returned to the Council Chambers and resumed the Chair at 11:50pm.

 

COW102-15      Legal Right for Council to Suspend Access to Computer System (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

Minute No. 573

RESOLVED THAT the General Manager’s access to Council’s computer system be suspended for the term of the suspension.

 

FURTHER THAT this condition be included into the terms of the General Manager’s suspension, as resolved by Council on 25 May 2015.

(Moved Councillor C Drane / Councillor V Badalati)

 

It was noted that during debate on the above item, the following Procedural Motion was moved:

Minute No. 574

RESOLVED THAT the Council Meeting be extended past midnight in order to complete the Agenda.

(Moved Councillor C Drane / Councillor V Badalati)

 

COW103-15      Tender for Provision of Legal Services (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

Minute No. 575

RESOLVED THAT the current tender process for the provision of legal services to Council is abandoned.

 

THAT the current approved panel of legal service providers be extended for a further seven (7) months to 29 February 2016.

 

FURTHER THAT a new tender process be commenced in November 2015 in order that a fresh panel may be convened during February 2016.

(Moved Councillor P Sansom / Councillor V Badalati)

Open Council

Minute No. 576

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

(Moved Councillor B Thomas / Councillor C Drane)

Report of the Committee of the Whole

Minute No. 577

RESOLVED THAT the Report of the Committee of the Whole, as reported to the meeting, be received and that the recommendations be adopted.

(Moved Councillor P Sansom / Councillor C Drane)

Conclusion

The Meeting was closed at 12:08am.

 

 

 

 

Chairperson