Council MEETING
Wednesday, 15 May 2013
Council Members
His Worship the Mayor, Councillor J Jacovou
Deputy Mayor, Councillor A Istephan
Councillor V Badalati
Councillor C Drane
Councillor C Hindi
Councillor R Kastanias
Councillor N Liu
Councillor J Mining
Councillor P Sansom
Councillor D Sin
Councillor M Stevens
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
Chief Financial Officer, Mr T Caltabiano
Manager Public Relations & Events, Ms T
Abraham
Manager Development Assessment, Ms T Christy
Development Assessment Officer, Mr I Kokotovic
Senior Traffic Officer, Ms S Selim
Sport & Recreation Officer, Ms C Irwin
Manager Corporate Governance & Records, Mrs
K Garske
Governance Officer, Mr D Henkel
Opening
His Worship the Mayor, Councillor J Jacovou opened the meeting at 7:03pm.
Following the National Anthem, the meeting was led in the Opening Prayer by the Rev. Alan Bevan.
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.
No apologies were tendered.
Condolences
His Worship the Mayor, Councillor J Jacovou advised Council:
It is with regret that I advise Council of the recent sad passing of Chris Anderson’s wife, Sue. Chris is a tradesperson in Councils Parks Maintenance section. The funeral will be held on Thursday at Woronora Cemetery. A floral arrangement expressing the deepest sympathy of the Mayor, Councillors and Staff has been sent to Chris and his family.
A minute's silence was observed in
memory of those passed.
Other
Councillor M Stevens thanked Council for a flower arrangement sent to her daughter who is recovering from recent surgery.
Councillor P Sansom, with permission from His Worship the Mayor, read to the Chambers the following letter from The Lugarno Lions Club:
Lugarno Lions Club has reached a milestone in its service to the international, national and local communities which we wanted to share with the Mayor, Councillors and Senior Staff of Hurstville City Council. At its recent Appreciation Night event the club’s financial assistance to the needy in our community reached a staggering $2,000,000. This has been raised since the club’s formation in 1974. Actuarial calculations place the value of this milestone as closed to $5,000,000 in today’s value.
Hurstville City Council has been there to support us right from the beginning for which we are very grateful.
For the past few years Lugarno Lions has been targeting Preschool Autism Spectrum Disorder Education and Therapy. The project has grown from simple beginnings to a national project, which now encompasses all Lions clubs within Australia. It was fitting that the $2,000,000 was reached by the donation of cheques to service groups supporting individuals and families impacted by autism. The recipients were the Autism Community Network represented by Steve Drakoulis, Georges River Life Care (Glenn Power) and Learning Links (Julie Watkins), all local community services.
Lugarno Lions is best known for its Annual Spring Festival, at Gannons Park in September, now in its 34th year with crowds of 40,000 each year (Police estimates). The club is entering its 40th year of service to the community and it remains a strong and active service club.
The beneficiaries of the club are too numerous to mention suffice to say that in the past 39 years Lugarno Lions have helped many causes ranging from local community groups and individuals, local school and associations, medical research and facilities to Lions Foundations assisting in the areas of sight and disabilities and disaster relief assistance, both local and international. Lugarno Lions has been noted for its early work with the Victor Chang Wing at St Vincent’s Hospital and, more recently, the Prostate Cancer Institute at St George Hospital.
We are very proud of our achievement and wish to thank Hurstville City Council once again for being such a strong supporter of our efforts.
Councillor J Mining passed on thanks from the Furey family for Council’s donation and conveyed Council’s best wishes as the children undergo further surgery.
There were no disclosures of interest made.
Council Meeting - 01 May 2013
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Minute No. 200 RESOLVED THAT the Minutes of the Council Meeting held on 01 May 2013 , as previously made available to each Councillor, be adopted. |
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CCL129-13 Minutes of the PIN Review Committee - 30 April 2013 (11/1584) (Report by Manager Environmental Services, Mr G Dickens ) |
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Minute No. 201 RESOLVED THAT Council endorse the recommendations of the PIN Review Committee at its meeting held on Tuesday 30 April 2013. |
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CCL130-13 PN - 108 Stoney Creek Road, Beverly Hills - Demolition of rear awning and construction of a new storage and loading area, advertising sign and hours of operation altered (13/DA-29) (Report by Development Assessment Officer, Mr P Nelson) |
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Minute No. 202 RESOLVED THAT the application be granted a ‘deferred commencement’ approval in accordance with the conditions included in the report. (Moved Councillor V Badalati / Councillor R Kastanias)
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CCL131-13 PN - 2 Mercer Crescent Beverly Hills - Section 82A review of determination for the demolition of existing structures and the construction of new two storey attached dual occupancy with front fence and Torrens title subdivision into two lots (12/DA-239) (Report by Senior Development Assessment Officer, Mr I Karaman) |
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Minute No. 203 RESOLVED THAT the SEPP 1 Objection be supported.
FURTHER THAT the application be granted a deferred commencement approval in accordance with the conditions included in the report. (Moved Councillor C Hindi / Councillor R Kastanias)
It was noted that the motion was carried unanimously. |
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CCL132-13 HV - 333 Stoney Creek Road Kingsgrove - Section 96 modification of Condition 77 to allow for washing of vehicles on site for approved mortuary and funeral home (2011/DA-242REV1) (Report by Development Assessment Officer, Mr M Raymundo) |
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Minute No. 204 RESOLVED THAT the application be approved in accordance with the conditions included in the report. (Moved Councillor R Kastanias / Councillor A Istephan)
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CCL133-13 HV - 321 Forest Road Hurstville - Construction of a mixed use development containing ground floor commercial floor area, forty four (44) residential units, and boundary adjustment (12/DA-209:3) (Report by Senior Development Assessment Officer, Ms P Bizimis) |
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Minute No. 205 RESOLVED THAT the application be approved in accordance with the conditions included in the report.
FURTHER THAT the Mayor and General Manager be granted authority to sign any documentation under the common seal of Council for the Torrens Title Boundary adjustment of the Centennial Bakery Site being Lot 40 in DP 7463555. (Moved Councillor P Sansom / Councillor V Badalati)
It was noted that the motion was carried unanimously. |
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CCL134-13 PK - 9 Freeman Avenue Oatley - Section 96 Modification to increase size of rainwater tanks, increase subfloor area (basement), ground floor changed to double brick and basement construction to brick/block cavity wall (2011/DA-324REV1) (Report by Development Assessment Officer, Mr M Raymundo) |
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Minute No. 206 RESOLVED 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 C Hindi / Councillor R Kastanias)
It was noted that the motion was carried unanimously. |
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CCL135-13 PK - 74 Lloyd Street Oatley - First floor addition and ground floor alteration to the existing dwelling (13/DA-39) (Report by Development Assessment Officer, Mr P Nelson) |
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Minute No. 207 RESOLVED THAT the submission under Clause 4.6 of the Hurstville Local Environmental Plan 2012 is considered acceptable and be supported.
FURTHER THAT the application be approved in accordance with the conditions included in the report. (Moved Councillor P Sansom / Councillor R Kastanias)
It was noted that the motion was carried unanimously. |
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CCL136-13 PK - 57 Lorraine Street Peakhurst - Improvements to Golf Course including relocation of greens and construction of new safety screens (DA2013/0069) (Report by Development Assessment Officer, Mr P Nelson) |
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Minute No. 208 RESOLVED THAT the application be deferred for a site inspection. (Moved Councillor C Hindi / Councillor C Wu)
It was noted that the motion was carried unanimously. |
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CCL137-13 Amendments to Proposed Fees and Charges - Commercial Waste Services - 2013/14 Operational Program (12/2054) (Report by Manager Environmental Services, Mr G Dickens ) |
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Minute No. 209 RESOLVED THAT Council endorse the changes to the Fees and Charges for the 2013/14 Operational Plan for the provision of Commercial Waste Services as outlined in this report.
FURTHER THAT the changes to these charges be updated and included in the Draft Schedule of Fees and Charges 2013/14 currently on exhibition. |
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CCL138-13 Six Month Report on DLG Promoting Better Practice Review (10/2066) (Report by Internal Ombudsman, Mr W Park) |
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Minute No. 210 RESOLVED THAT the information be received and noted.
FURTHER THAT the Division of Local Government be provided with a copy of this report including the status report. |
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CCL139-13 Gifts and Benefits Policy 2013 (10/136) (Report by Internal Ombudsman, Mr W Park) |
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Minute No. 211 RESOLVED THAT the draft Gifts and Benefits Policy be adopted and distributed as outlined in the report.
FURTHER THAT Council’s Code of Conduct be amended to reflect the additional change to the Personal Benefit clause outlined in the report. |
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CCL140-13 Request to Waive Green Fees at Hurstville Golf Course - Australian Air League Charity Golf Day (13/40) (Report by Manager Engineering Services, Mrs M Whitehurst) |
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Minute No. 212 RESOLVED THAT Council reimburse the contractor for Green Fees on 22 June 2013 at Hurstville Golf Course, for the Australian Air League Charity Golf Day. |
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CCL141-13 Permission for an animal petting zoo - Steamroller Park Oatley (12/77) (Report by Sport and Recreation Officer, Ms C Irwin) |
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Minute No. 213 RESOLVED THAT permission be granted to place an animal petting zoo at Steamroller Park Oatley on 1 June 2013.
FURTHER THAT a refundable cleaning bond of $220.50 be imposed to ensure the area is left clean and tidy. (Moved Deputy Mayor, Councillor A Istephan / Councillor R Kastanias) |
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CCL142-13 Personal Trainer Application - JORG Fitness (11/1139) (Report by Sport and Recreation Officer, Ms C Irwin) |
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Minute No. 214 RESOLVED THAT Council grant a permit to Sheree Webber from JORG Fitness to operate as a personal trainer at Oatley Park Oval. (Moved Deputy Mayor, Councillor A Istephan / Councillor N Liu) |
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CCL143-13 Invitation - Sutherland Shire Council Mayoral Ball (13/14) (Report by Manager Corporate Governance and Records, Mrs K Garske) |
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Minute No. 215 RESOLVED THAT Council approves the Mayor, the Mayoress, other interested Councillors and the General Manager to attend the Sutherland Shire Mayoral Ball. |
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CCL144-13 Invitation - St George Life Education 25th Anniversary Dinner - 16 August 2013 (13/39) (Report by Governance Officer, Mr D Henkel) |
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Minute No. 216 RESOLVED THAT Council approves the Mayor, the General Manager and interested Councillors to attend the St George Life Education Dinner. |
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.
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Minute No. 217 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. COW035-13 Property Matter - Proposed lease of Part Lot 3 Depot Road, Peakhurst (03/1351) (Report by Manager Property Assets, Ms A Wilson)
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.
COW036-13 Property Matter - Council's Freehold Interests in Westfield Hurstville Site (13/622) (Report by Manager Property Assets, Ms A Wilson)
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.
COW037-13 Rescission Motion - Proposed License of 243a-247 Forest Road Hurstville (13/556) (Report by Councillor, C Hindi, Councillor V Badalati, Councillor D Sin and Councillor C Wu))
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.
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. |
His Worship the Mayor, Councillor J Jacovou called a short recess at 8:07pm.
The doors of the Council Chambers were closed following departure of the public and Council staff not required.
It was noted that Committee of the Whole commenced at 8:12pm without Deputy Mayor, Councillor A Istephan and Councillor R Kastanias present.
Consideration of Committee of the Whole Recommendations
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COW035-13 Property Matter - Proposed lease of Part Lot 3 Depot Road, Peakhurst (03/1351) (Report by Manager Property Assets, Ms A Wilson) |
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Minute No. 218 RESOLVED THAT Council approves the proposed lease terms and conditions as detailed in the report.
FURTHER THAT authority be given to the Mayor and General Manager to execute all documentation. |
It was noted that Deputy Mayor, Councillor A Istephan and Councillor R Kastanias returned to the Chambers at 8:15pm.
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COW036-13 Property Matter - Council's Freehold Interests in Westfield Hurstville Site (13/622) (Report by Manager Property Assets, Ms A Wilson) |
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Minute No. 219 RESOLVED THAT Council seeks further advice.
FURTHER THAT the General Manager report back to Council. (Moved Councillor C Hindi / Councillor C Drane) |
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COW037-13 Rescission Motion - Proposed License of 243a-247 Forest Road Hurstville (13/556) (Report by Councillor C Hindi, Councillor V Badalati, Councillor D Sin and Councillor C Wu) |
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Motion RESOLVED THAT the Motion be put. (Moved Councillor P Sansom / Councillor C Hindi) |
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Minute No. 220 RESOLVED THAT the resolution of the Council Meeting of the 1 May, 2013 in relation to COW034-13 proposed license of 243a-247 Forest Road Hurstville be rescinded to be replaced with the following; THAT the proposal submitted by the applicant for the licence of 243A-247 Forest Road, Hurstville be approved for a period of 10 years + 5 years + 5 years with a 12 month demolition clause effective from the commencement of Year 9 as per the original proposal that was submitted by the applicant during the EOI.
FURTHER THAT the final legal documentation contracting Council and the applicant be referred back to Council prior to execution as resolved at the Council Meeting of 6 March 2013 (COW012-13). (Moved Councillor C Hindi / Councillor P Sansom)
It was noted that the motion was carried unanimously. |
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Minute No. 221 RESOLVED THAT the Committee of the Whole revert to Open Council. |
Report of the Committee of the Whole
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Minute No. 222 RESOLVED THAT the Report of the Committee of the Whole, as orally reported to the meeting, be received and that the recommendations be adopted. |
Conclusion
The Meeting was closed at 9:10pm.
Minutes confirmed Wednesday, 12th June 2013.
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Chairperson |
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