Minutes of Council Meeting

Council MEETING

MINUTES OF MEETING

Wednesday, 1 July 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 J Mining

Councillor P Sansom

Councillor D Sin

Councillor B Thomas

Councillor C Wu

Council Staff

Acting General Manager, Mr L O’Connor

Director Administration, Mr J Tripp

Director Planning & Development, Mr M Watt

Acting Director Service Delivery, Ms F Stock

Chief Financial Officer, Mr T Caltabiano

Corporate Lawyer, Ms J Ware

Manager Property Development, Ms C Stuckey

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

Manager Development Assessment, Ms T Christy

Manager Infrastructure Planning, Mr O Wijayaratna

Manager Corporate Governance, Ms K Garske

Governance Officer, Mrs S Camilleri

Opening

His Worship the Mayor, Councillor C Hindi opened the meeting at 7:03pm.

Following the National Anthem, the meeting was led in the Opening Prayer by Rev Albert Leung.

It was noted that Councillor J Mining entered the Chambers at 7:06pm.

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 for the inability to be present have been received from Councillor J Jacovou.

It was noted that Councillor J Jacovou’s apology was originally accepted without the inclusion of a leave of absence, however following a request to recommit and points of order the following motion was moved:

Minute No. 418

RESOLVED THAT apologies be accepted and leave of absence granted.

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

Matters of Privilege

His Worship the Mayor advised Council:

I wish to advise Council of the birth of a girl, Evie Jean, to Mr Michael Turner and Ms Reanne Potter. Michael is a Technical Officer in Council’s Entertainment department. Reanne is Councils Promotions Facilitator – LMG. Both mother and baby are well. A floral arrangement was sent on behalf of the Mayor, Councillors and Staff to Michael and Reanne congratulating them on the birth of their baby daughter.

Councillor J Mining requested to move a Matter of Urgency relating to the NSW State Budget. Cr Mining advised that the matter was urgent as the Budget has been handed down and will be passed before the next Council Meeting. His Worship the Mayor, Councillor C Hindi granted urgency.

MU005-15 Funding for the redevelopment of St George Hospital (14/640)

Minute No. 419

RESOLVED THAT Council calls on the NSW State Government to commit the necessary funding for the redevelopment of St George Hospital without further delay.

(Moved Councillor J Mining / Councillor B Thomas)

It was noted that the motion was carried unanimously.

Disclosure of Interest

Councillor P Sansom declared a non-significant, non-pecuniary interest in CCL727-15 – 119 Dora St Hurstville – Demolition of Existing and Construction of Two Storey Dwelling as Cr Sansom resides in Dora St.

Councillor P Sansom declared a non-significant, non-pecuniary interest in CCL732-15 and CCL733-15 – 87and 87A Mi Mi St Oatley –Conversion of existing outbuilding to secondary dwelling as Cr Sansom knows the applicant.

Councillor P Sansom declared a non-significant, non-pecuniary interest in CCL734-15 – 16 Simmons Rd Kingsgrove – Conversion of the existing studio into a secondary dwelling as Councillor Sansom knows the architect for the application.

Councillor J Mining declared a non-significant, non-pecuniary interest in CCL725-15 – Shop 2 84D Roberts Ave Mortdale – First us of retail tenancy Shop 2 as a Pharmacy as Cr Mining is an employee of an adjoining tenant at the subject property.

His Worship the Mayor, Councillor C Hindi declared a significant, pecuniary interest in CCL745-15 – 40 Crump St Mortdale – Site Works Update as Mayor Hindi is the owner of the subject property.

Councillor P Sansom noted a non-significant, non-pecuniary interest on behalf of himself, Councillor J Jacovou and His Worship the Mayor, Councillor C Hindi in CCL744-15 – Joint Regional Planning Panel Sydney East – Recent and Current Matters as Cr Sansom and Cr Jacovou are Council’s delegates to the Committee, with Mayor Hindi as an alternate delegate.

Mayoral Minutes

Minute No. 420

RESOLVED Councillors, tonight’s Mayoral Minute relates to one item. Recently, Hurstville City Council received a request from Oatley West Public School to provide and install three community directional signs at the following intersections; Corner of Gungah Bay Road and Roberts Avenue, Mortdale; Mulga Road and River Road, Oatley; Oatley Park Avenue and Gungah Bay Road, Oatley.

The community directional signs would be most beneficial as they would help to further assist emergency service vehicles if the need arises, along with the general public to locate the school. The cost of supply and installation of three directional signs is $841.51.

I move adoption of the minute.

(Moved Councillor C Hindi / Councillor R Kastanias)

PROCEDURAL MOTION

Minute No. 421

THAT Matters of Privilege be re-committed.

(Moved Councillor V Badalati / Councillor P Sansom)

Matters of Privilege

Councillor V Badalati requested to move a motion regarding ceasing computer system access Mr Victor Lampe while he is suspended from his role as General Manager. The proposed motion was seconded by Councillor C Drane. On further discussion, and following the Question without Notice which appears below, it was proposed that the matter be discussed in Committee of the Whole as a personnel matter, to which Cr Badalati agreed.

It was noted that due to the time constraints on Committee of the Whole, the matter was not discussed and will be referred to the Council Meeting of 15 July 2015.

During discussion on the above Matter of Privilege, Deputy Mayor, Councillor M Stevens asked the following question, which was taken On Notice by Ms J Ware, Corporate Lawyer:

GB160-15 Question with Notice - Legal right for Council to suspend access to computer systems

Is it legal for the Council to move a motion preventing the General Manager from accessing the Council’s computer systems while Mr Lampe is suspended?

Councillor B Thomas advised the Council that he would be asking a question in Committee of the Whole.

Councillor J Mining advised the Council that he could be asking a question in Committee of the Whole.

His Worship the Mayor, Councillor C Hindi welcomed Mr A Zreik, the newly-elected President and members of the Hurstville City Chamber of Commerce to the Council Meeting.

Minutes of previous meetings

Council Meeting - 3 June 2015

Minute No. 422

THAT the Minutes of the Council Meeting held on 3 June 2015 be adopted.

(Moved Councillor R Kastanias / Councillor P Sansom)

Extraordinary Council Meeting - 22 June 2015

Minute No. 423

THAT the Minutes of the Extraordinary Council Meeting held on 22 June 2015 be adopted.

(Moved Councillor P Sansom / Councillor N Liu)

It was noted that Councillor J Mining left the Chambers at 7:29pm.

Council Reports

CCL725-15 Shop 2 84D Roberts Ave Mortdale - First use of retail tenancy Shop 2 as a Pharmacy (DA2015/0001)

(Report by Development Assessment Officer, Mr I Kokotovic)

It was noted that Councillor R Kastanias moved the following motion, seconded by Councillor P Sansom:

THAT the application be refused.

Following discussion on the matter, the Mover and Seconder withdrew the application in favour of the motion noted below:

Minute No. 424

THAT the Council seeks further information and the matter be referred back to the next Council meeting.

(Moved Councillor P Sansom / Councillor R Kastanias)

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

Against: His Worship the Mayor, Councillor C Hindi

It was noted that Councillor J Mining returned to the Chambers at 7:43pm.

CCL726-15 19 Beale Cres Peakhurst - Section 96-1a Modification to Drainage Conditions to Approved Dual Occupancy (MOD2015/0028)

(Report by Development Assessment Officer, Mr M Raymundo)

Minute No. 425

THAT the application be deferred for a site inspection.

(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 C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor J Mining, Councillor B Thomas

Against:

CCL727-15 119 Dora St Hurstville - Demolition of Existing and Construction of Two Storey Dwelling (DA2015/0022)

(Report by Assistant Town Planner, Mr A Zhou)

It was noted that Councillor P Sansom moved the following motion, seconded by Deputy Mayor, Councillor M Stevens:

THAT the application be refused as there is excessive overshadowing of the adjoining property, excessive bulk and scale and the façade is not in keeping with the streetscape.

The motion on being put was declared lost.

For: Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor J Mining, Councillor D Sin.

Against: His Worship the Mayor, Councillor C Hindi, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas.

Minute No. 426

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

(Moved Councillor V Badalati / Councillor R Kastanias)

For: His Worship the Mayor, Councillor C Hindi, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor B Thomas

Against: Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor J Mining, Councillor D Sin.

CCL728-15 115 Vanessa St Kingsgrove - Use and fit out of transport depot (DA2015/0016)

(Report by Development Assessment Officer, Mr M Raymundo)

On being advised that a motion would be moved deferring consideration of the application, the three registered speakers reserved their right to speak when the matter was next considered.

Minute No. 427

THAT the application be deferred for a site inspection.

(Moved Councillor V Badalati / Councillor R Kastanias)

Against:

CCL729-15 41 Yarran Rd Oatley - Demolition of Existing and Construction of Two-Storey Attached Dual Occupancy (DA2014/0849)

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

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

· Mr I McGregor against application’s approval;

· Mr A Viali in favour of application’s approval.

Minute No. 428

That the application be granted a ‘deferred commencement’ consent in accordance with the conditions included in this report.

(Moved Councillor V Badalati / Councillor R Kastanias)

For: His Worship the Mayor, Councillor C Hindi, Councillor D Sin, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu, Councillor J Mining, Councillor B Thomas

Against: Deputy Mayor, Councillor M Stevens, Councillor P Sansom,

It was noted that Councillor J Mining left the Chambers at 8:04pm.

CCL730-15 38 Humphreys Ln Hurstville - Section 96 modification to permit the use of the roof top terrace for passive recreation (MOD2014/0087)

(Report by Consultant Planner, Mr I Stuart)

Minute No. 429

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

(Moved Councillor V Badalati / Councillor P Sansom)

Against:

CCL731-15 23 Barwon Rd Mortdale - Section 96-1A Modification to Drainage Conditions for Approved Dwelling (MOD2015/0027)

(Report by Manager Development Assessment, Ms T Christy)

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

· Mr J Ugarkovic in favour of application’s approval

Minute No. 430

THAT the application be approved, following a redesign to the drainage to allow a charge stormwater system for the roof water and a 1:100 year storm event pump out system for all other impervious surfaces.

FURTHER THAT any conditions relating to an easement for stormwater are to be deleted.

(Moved Councillor V Badalati / Councillor R Kastanias)

For: His Worship the Mayor, Councillor C Hindi, Councillor P Sansom, Councillor D Sin, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu

Against: Deputy Mayor, Councillor M Stevens, Councillor B Thomas

CCL732-15 87 Mi Mi St Oatley - Conversion of existing outbuilding to secondary dwelling (DA2015/0119)

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

It was noted that Deputy Mayor, Councillor M Stevens moved the following motion, which lapsed for lack of a seconder:

THAT the application be refused as it is an overdevelopment of the site in conjunction with the neighbouring property.

Minute No. 431

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

(Moved Councillor V Badalati / Councillor C Drane)

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

Against: Deputy Mayor, Councillor M Stevens

CCL733-15 87A Mi Mi Street Oatley - Conversion of existing outbuilding to secondary dwelling (DA2015/0120)

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

Minute No. 432

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

(Moved Councillor V Badalati / Councillor P Sansom)

Against: Deputy Mayor, Councillor M Stevens

CCL734-15 16 Simmons Rd Kingsgrove - Conversion of the existing studio into a secondary dwelling (DA2015/0044)

(Report by Development Assessment Officer, Mr P Nelson)

Minute No. 433

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

FURTHER THAT a Penalty Infringement Notice of $750 be imposed in relation to the unauthorised works.

(Moved Councillor V Badalati / Councillor R Kastanias)

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

Against:

It was noted that Councillor B Thomas left the Council Chambers at 8:29pm.

CCL735-15 8 Lily St Hurstville - Demolition of Existing and Construction of part two and part three storey dwelling with secondary dwelling and swimming pool in basement (DA2014/1131)

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

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

· Mr A Guo in favour of application’s approval

It was noted that a second Speaker, Mr Wang was called but was not present.

It was noted that Councillor B Thomas left the Council Chambers at 8:29pm before the vote on this matter.

Minute No. 434

THAT the application be deferred for a redesign.

(Moved Councillor V Badalati / Councillor R Kastanias)

Against:

CCL736-15 78 Carrington Ave Hurstville - Demolition of Existing and Construction of 2 Two-storey Dwellings and 2 Secondary Dwellings (DA2015/0023)

(Report by Development Assessment Officer, Mr I Kokotovic)

Minute No. 435

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

(Moved Councillor R Kastanias / Councillor V Badalati)

Against:

It was noted that Councillor B Thomas returned to the Chambers at 8:32pm.

It was noted that His Worship the Mayor, Councillor C Hindi called a short recess at 8:35pm.

The Council Meeting resumed at 8:46pm, with all Councillors present except for Councillor N Liu and Councillor J Mining.

It was noted that Councillor N Liu returned to the Chambers at 8:47pm during the following item’s introduction.

CCL737-15 99 Stoney Creek Rd Beverly Hills - Demolition of Existing and Construction of a Two-storey partially attached Dual Occupancy (DA2014/1177)

(Report by Development Assessment Officer, Mr K Kim)

Minute No. 436

THAT the application be redesigned to be an attached dual occupancy.

(Moved Councillor R Kastanias / Councillor V Badalati)

For: His Worship the Mayor, Councillor C Hindi, Councillor D Sin, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu

Against: Deputy Mayor, Councillor M Stevens, Councillor P Sansom, Councillor B Thomas

It was noted that Councillor P Sansom left the Council Chambers at 8:52pm.

CCL738-15 21 Central Rd Beverly Hills - Retention of Existing and Construction of New Dwelling in the rear yard to create Detached Dual Occupancy (DA2014/1191)

(Report by Development Assessment Officer, Mr P Nelson)

Minute No. 437

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

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

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

Against: His Worship the Mayor, Councillor C Hindi, Councillor D Sin, Councillor V Badalati, Councillor C Drane

CCL739-15 799 Forest Rd Peakhurst - Demolition of Existing and Construction of Multiple Dwelling Development including 6 Dwellings and Swimming Pool (DA2015/0048)

(Report by Development Assessment Officer, Mr P Nelson)

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

· Mr B Griffin against application’s approval

· Mr M Woodford against application’s approval

It was noted that a third speaker, Mr J Blain was called but declined to speak.

Minute No. 438

THAT the application be refused in accordance with the reasons included in the report.

(Moved Councillor V Badalati / Deputy Mayor, Councillor M Stevens)

For: His Worship the Mayor, Councillor C Hindi, Deputy Mayor, Councillor M Stevens, Councillor D Sin, Councillor C Wu, 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.

Councillor P Sansom returned to the Council Chambers at 9:04pm.

CCL740-15 7 - 9 Webb St Riverwood - Demolition of Existing and Construction of Residential Flat Building with 12 Units (DA2014/1168)

(Report by Development Assessment Officer, Mr P Nelson)

Minute No. 439

THAT the application be deferred for a site inspection.

(Moved Councillor P Sansom / Councillor C Drane)

Against:

CCL741-15 Unit 26 - 556 Forest Rd Penshurst - Fit-out and use of tenancy as a dental surgery (DA2015/0025)

(Report by Development Assessment Officer, Mr K Kim)

Minute No. 440

THAT the application be refused as the application does not comply with parking requirements.

(Moved Councillor R Kastanias / Councillor V Badalati)

For: His Worship the Mayor, Councillor C Hindi, Councillor P Sansom, Councillor D Sin, Councillor C Wu, Councillor V Badalati, Councillor C Drane, Councillor R Kastanias, Councillor N Liu

Against: Deputy Mayor, Councillor M Stevens, Councillor B Thomas

CCL742-15 78 Valentia Ave Lugarno - Construction of Swimming Pool (DA2015/0083)

(Report by Development Assessment Officer, Mr I Kokotovic)

Minute No. 441

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

(Moved Councillor R Kastanias / Councillor V Badalati)

Against:

CCL743-15 Status Report - Planning Proposal Request and Offer to enter into a Planning Agreement - 108 112 and 124 Forest Rd Hurstville (14/1910)

(Report by Senior Strategic Planner, Ms H Singh and Manager Strategic Planning, Ms C Gregory)

Minute No. 442

THAT Council receive and note the report.

FURTHER THAT the matter be referred back to the 5 August 2015 Council Meeting.

(Moved Councillor R Kastanias / Councillor B Thomas)

Against:

CCL744-15 Joint Regional Planning Panel Sydney East - Recent and Current Matters (09/935)

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

Minute No. 443

THAT Council note the recent determination and current applications before the Joint Regional Planning Panel.

(Moved Councillor V Badalati / Councillor C Drane)

Having declared an interest in the following item, His Worship the Mayor, Councillor C Hindi relinquished the Chair and left the Council Chambers at 9:20pm. Deputy Mayor, Councillor M Stevens took the Chair.

It was noted that Councillor J Mining returned to the Council Chambers at 9:21pm.

CCL745-15 40 Crump Street Mortdale - Site Works Update (ON2015/0085)

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

It was noted that Councillor V Badalati moved a Procedural Motion to move COW079-15 – 40 Crump St – Legal Advice on Further Enforcement Action forward and into Open Council to be considered in conjunction with CCL745-15 – 40 Crump St Mortdale – Site Works Update. Councillor C Drane seconded the motion and later withdrew his secondment.

During discussion on the following matter, Councillor R Kastanias asked the Director Planning & Development Mr M Watt a series of questions.

It was noted that during discussion Councillor D Sin left the Council Chambers at 9:55pm and returned to the Chambers at 9:57pm.

It was noted that during discussion Councillor R Kastanias left the Council Chambers at 10:00pm and returned to the Chambers at 10:06pm

Minute No. 444

THAT Council receive and note this report.

(Moved Councillor P Sansom / Councillor C Drane)

It was noted that His Worship the Mayor, Councillor C Hindi returned to the Council Chambers and resumed the Chair at 10:09pm.

It was noted that His Worship the Mayor, Councillor C Hindi called a short recess at 10:14pm.

The Council Meeting resumed at 10:22pm, with all Councillors present except for Councillor P Sansom and Councillor R Kastanias.

It was noted that Councillor Sansom and Councillor Kastanias returned to the Chamber at 10:23pm.

CCL746-15 Stormwater Management Charge Project List for 2015-2016 Financial Year (15/795)

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

Minute No. 445

THAT Council approve the recommended list of projects to be undertaken utilising the Stormwater Management budget for 2015-2016 as outlined in the report.

(Moved Councillor V Badalati / Councillor C Drane)

It was noted that the motion was carried unanimously.

CCL747-15 2015-2016 Concessional Rental Applications For Parks and Reserves (15/818)

(Report by Sport and Recreation Officer, Ms C Irwin)

Minute No. 446

THAT concessional rental, additional items and donations, as listed in the report be approved and the Parks & Community budget be increased by an amount of $13,952 from Working Funds Surplus.

THAT the organisations be required to provide Council with a copy of their indemnity insurance to the value of not less than $10,000,000.

FURTHER THAT all applicants receiving concessional rental subsidies from Council be advised of such and reminded that they must acknowledge Council's sponsorship on all of their promotional material, in any advertising, programs and at the event.

(Moved Councillor P Sansom / Councillor V Badalati)

CCL748-15 Concessional Rental Request - The Potters House Christian Fellowship Church (15/293)

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

Minute No. 447

THAT the application for a concessional rental of $160 for Potter’s House Christian Fellowship Church be approved.

(Moved Councillor R Kastanias / Councillor C Wu)

CCL749-15 Certificate of Cash and Investments as at 31 May 2015 (14/1113)

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

Minute No. 448

THAT the Certificate of Cash and Investments be received and noted.

(Moved Councillor V Badalati / Councillor P Sansom)

CCL750-15 Request for Sponsorship - Being Greek Festival 2015 (15/40)

(Report by Executive Assistant to the Mayor and Councillors, Ms R Lane)

Minute No. 449

THAT Council provides sponsorship of $2500 to the being Greek Festival 2015.

(Moved Councillor R Kastanias / Councillor P Sansom)

CCL751-15 Request for Donation and Concessional Rental - Lugarno Progress Association - Music in the Park (14/80)

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

Minute No. 450

THAT Council provide sponsorship of $7100 to Music in the Park.

FURTHER THAT Council waive the booking fee, and the refundable deposit.

(Moved Councillor R Kastanias / Councillor P Sansom)

CCL752-15 Request for Donation - Hurstville Chamber of Commerce (15/40)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 451

THAT Council provide a seeding grant of $20,000 to be provided from Working Funds Surplus to the Hurstville City Chamber of Commerce.

(Moved Councillor R Kastanias / Councillor V Badalati)

It was noted that the motion was carried unanimously.

CCL753-15 Request to purchase Limited Edition Montage - St George (15/40)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 452

THAT Council purchase the Limited Edition Montage for $275.

(Moved Councillor R Kastanias / Councillor C Drane)

CCL754-15 Youth Sponsorship Request - V Lin (15/41)

(Report by Governance Officer, Ms S Camilleri)

Minute No. 453

THAT Council approve sponsorship of $300 for Miss Victoria Lin under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to assist her in competing at the Pacific School Games in Adelaide in November 2015.

FURTHER THAT Victoria Lin be requested to submit a report on the results achieved at the Pacific School Games.

(Moved Councillor P Sansom / Councillor V Badalati)

CCL755-15 Youth Sponsorship Request - T Managreve (15/41)

(Report by Governance Officer, Ms S Camilleri)

Minute No. 454

THAT Council approved sponsorship of $300 for Miss Tashjan Managreve under the provisions of Section 356 of the Local Government Act 1993 from the Donations (Youth Sponsorship) program budget to assist her in competing at the Pacific School Games in Adelaide from 21 November 2015 to 28 November 2015.

FURTHER THAT Miss Tashjan Managreve be requested to submit a report on the results achieved at the Pacific School Games.

(Moved Councillor V Badalati / Councillor C Wu)

CCL756-15 Invitation - Kogarah City Council Mayoral Fundraiser 2015 (15/40)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 455

THAT Hurstville City Council purchase a table of ten to the Kogarah City Council Mayoral Fundraiser Dinner 2015.

FURTHER THAT interested Councillors and their partners, and staff approved by the Acting General Manager be authorised to attend on behalf of Council.

(Moved Councillor R Kastanias / Councillor V Badalati)

CCL757-15 Invitation - Liverpool City Council Mayoral Ball 2015 (14/39)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 456

THAT Council purchase a table of ten to the Liverpool City Council Mayoral dinner.

FURTHER THAT interested Councillors and their partners be authorised to attend on behalf of Council.

(Moved Councillor P Sansom / Councillor N Liu)

CCL758-15 Invitation - Georges River Life Care Christmas in July Dinner 2015 (15/39)

(Report by Executive Assistant to the Mayor and Councillors, Ms R Lane)

Minute No. 457

THAT all interested Councillors are authorised to attend with 10 tickets purchased to the value of $350.

(Moved Councillor R Kastanias / Councillor P Sansom)

It was noted that Councillor J Mining left the Chambers at 10:38pm.

CCL759-15 Sister City Request - Cakovec Croatia (14/618)

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

Minute No. 458

THAT Council proceed with the establishment of a Sister City relationship with Cakovec Croatia, to operate in the same manner as Council’s other Sister City relationships.

(Moved Councillor P Sansom / Councillor C Drane)

CCL760-15 Civic Office Expenses Policy Review 2015 (15/543)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 459

THAT the draft Civic Office Expenses Policy 2015/2016, be approved for exhibition as submitted in accordance with S253 of the Local Government Act.

FURTHER THAT following exhibition the matter be reconsidered by Council including any submissions received.

(Moved Councillor P Sansom / Councillor B Thomas)

It was noted that Councillor J Mining returned to the Chambers at 10:42pm.

CCL761-15 Code of Meeting Practice Review 2015 (12/1695)

(Report by Manager Corporate Governance, Mrs K Garske)

Minute No. 460

THAT Council adopt a Draft Code of Meeting Practice (the existing Code with amendments as outlined in this report and any raised at the meeting) to be placed on public exhibition.

THAT the following amendments be included:

· Speakers be required to stand when speaking subject to the requirements of the relevant disability legislation.

· THAT responses to Questions with Notice be debateable.

THAT the new Draft Code of Meeting Practice be advertised in accordance with S361 of the Local Government Act.

FURTHER THAT following the exhibition period Council reconsider the matter including any submissions received.

(Moved Councillor P Sansom / Councillor V Badalati)

It was noted that His Worship the Mayor, Councillor C Hindi adjourned the meeting at 10:44pm after interjection from the Public Gallery.

The Council Meeting resumed at 10:47pm, with all Councillors present.

CCL762-15 Review of Local Orders Policy - Keeping of Animals (14/1101)

(Report by Manager Environmental Services, Ms F Stock)

Minute No. 461

THAT in accordance with the provisions of Section 161 of the Local Government Act, 1993, Council adopt the amended draft Local Orders Policy as specified in the attachment to this report titled Local Orders Policy – Keeping of Animals.

FURTHER THAT in adopting the amended draft policy in accordance with section 161(2) of the Act, Council is of the opinion that the amendments made to the policy are not substantial, and as such the amended draft policy does not need to be placed on public exhibition.

(Moved Councillor P Sansom / Councillor R Kastanias)

CCL763-15 Naming Jubilee Park Community Centre Mortdale (13/806)

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

Minute No. 462

THAT the new facility at 2B-2C Boundary Road Mortdale is officially named Mortdale Community Centre.

(Moved Councillor P Sansom / Councillor C Wu)

It was noted that the motion was carried unanimously.

CCL764-15 Return of Thanks (15/24)

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

Minute No. 463

THAT the information be received and noted.

(Moved Councillor B Thomas / Councillor D Sin)

Notices of Motion

NM063-15 Council's Practices for distributing information relating to Development Matters (15/155)

(Report by Councillor, B Thomas)

Councillor Thomas moved the following motion:

THAT Hurstville Council's practices for distributing information relating to development matters should apply equally to all developers, regardless of whether those developers also happen to hold positions on Hurstville Council.

FURTHER THAT consistent with this principle, specific legal advice considering possible action against a Councillor or other sensitive material relating to particular development matters should not be communicated (by email, through the Councillor's portal or by other means) to any Councillor who has a relevant interest in that development matter, unless that information would also have been provided in a comparable way to any other developer (who is not a Councillor) at the same point in time.

Minute No. 464

His Worship the Mayor, Councillor C Hindi declared the motion lapsed for lack of a seconder.

It was noted that Councillor J Mining and Councillor B Thomas moved a motion of dissent from the Chair.

On being put, the Motion was declared lost.

PROCEDURAL MOTION

Minute No. 465

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

(Moved Councillor P Sansom / Councillor V Badalati)

Questions with Notice

QN007-15 Question with Notice - Suspicion of Asbestos Contamination (15/155)

(Report by Councillor R Kastanias)

Minute No. 466

THAT the information be received and noted.

(Moved Councillor R Kastanias / Councillor V Badalati)

QN008-15 Question with Notice - Sediment Controls (15/825)

(Report by Councillor R Kastanias)

It was noted that His Worship the Mayor, Councillor C Hindi relinquished the chair to speak on the matter at 11:08pm, and Deputy Mayor, Councillor M Stevens took the Chair to that Councillor Hindi could enter the debate.

It was noted that Councillor B Thomas left the Council Chambers at 11:13pm and returned to the Chambers at 11:15pm.

It was noted that Councillor B Thomas left the Council Chambers at 11:19pm and returned to the Chambers at 11:23pm.

His Worship the Mayor, Councillor C Hindi resumed the Chair at 11:29pm.

Minute No. 467

THAT the information be received and noted.

(Moved Councillor R Kastanias / Councillor V Badalati)

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

PROCEDURAL MOTION

Minute No. 468

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

(Moved Councillor P Sansom / Councillor B Thomas)

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. 469

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.

COW078-15 Property Matter - Central Plaza - Unsolicited Expression of Interest (13/1461-2)

(Report by Manager Property, Ms C Stuckey)

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) (g) 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; 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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

COW079-15 40 Crump Street Mortdale - Legal Advice on Further Enforcement Action (12/2129)

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

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) (g) it is considered the matter contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

THAT in accordance with Section 10D it is considered that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

COW080-15 Section 430 Investigation - Notice of Direction for Production of documents (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

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).

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.

Consideration of Committee of the Whole Recommendations

COW078-15 Property Matter - Central Plaza - Unsolicited Expression of Interest (13/1461-2)

(Report by Manager Property, Ms C Stuckey)

Minute No. 470

THAT the General Manager be authorised to engage in direct negotiations with the proponent for the development of Central Plaza.

(Moved Councillor P Sansom / Councillor V Badalati)

COW079-15 40 Crump Street Mortdale - Legal Advice on Further Enforcement Action (12/2129)

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

Minute No. 471

THAT Council receive and note the legal advice and takes no further action in this matter.

(Moved Councillor R Kastanias / Councillor V Badalati)

It is noted that a Rescission Motion for this matter has been received by the Acting General Manager and the matter will be considered at the Council Meeting of 15 July 2015.

COW080-15 Section 430 Investigation - Notice of Direction for Production of documents (12/2129)

(Report by Corporate Lawyer, Ms J Ware)

Minute No. 472

THAT Council endorse its earlier decision to waive privilege over the documents the subject of the Direction.

FURTHER THAT Council endorse the actions of the Corporate Lawyer in complying with the Direction.

(Moved Councillor P Sansom / Councillor V Badalati)

Open Council

Minute No. 473

THAT the Committee of the Whole revert to Open Council.

(Moved Councillor P Sansom / Councillor V Badalati)

Report of the Committee of the Whole

Minute No. 474

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 V Badalati)

Conclusion

The Meeting was closed at 12 midnight.

Minutes confirmed Wednesday, 15 July 2015.

Chairperson