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Business Paper Council Meeting Monday, 19 June 2017 6:30pm Council Chambers, Level 2, Administration Building 4-20 Eton Street, Sutherland

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Business Paper

Council Meeting

Monday, 19 June 2017 6:30pm

Council Chambers, Level 2, Administration Building

4-20 Eton Street, Sutherland

Council Meeting 19 June 2017

ORDER OF BUSINESS

1. ACKNOWLEDGEMENT OF COUNTRY 2. OPENING PRAYER 3. APOLOGIES 4. DISCLOSURES OF INTEREST 5. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 6. PRESENTATIONS 7. MAYORAL MINUTES

MM013-17 2017 Queen’s Birthday Honours

MM014-17 Refugee Welcome Zone

MM015-17 Heathcote Hall Development Proposal

8. REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 5 JUNE 2017

GOV026-17 Determination of the Local Government Remuneration Tribunal –

Categorisation of Councils

GOV027-17 Fees Payable to Mayor and Councillors

GOV028-17 Cash Payments & Investments Report - April 2017

9. REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 5 JUNE 2017

SER027-17 Proposed Release and Relocation of Easement Over 34-38 Glencoe Street

& 132-136 Waratah Street, Sutherland

SER028-17 Proposed Lease - Bundeena Bowling Club

SER029-17 Sutherland Shire Council Disability Inclusion Action Plan 2017 - 2021

SER030-17 Sutherland Shire Community Crime Prevention Plan 2018 - 2021

10. REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 5 JUNE 2017

INF016-17 Proposed Naming of Park in Leonay Street, Sutherland - Community

Consultation Results

INF017-17 Cronulla Traffic Improvements – Intersections of Kingsway and Elouera

Road and Kingsway and Wilbar Avenue

Page 2

Council Meeting 19 June 2017

11. REPORTS OF THE SHIRE PLANNING COMMITTEE HELD ON 5 JUNE 2017 PLN040-17 Review of Tree Management on Private Property

PLN041-17 Grey Headed Flying Fox Management

PLN042-17 Further Report - Demolition of Existing Structures and Construction of Nine

Townhouses with Associated Landscaping and Front Fence – Burraneer

Bay Road, Burraneer (DA16/0277)

12. REPORTS FROM OFFICERS COR051-17 Report and Minutes of the Meeting of the Sutherland Traffic and Traffic

Safety Committee held on Friday, 2 June 2017

COR052-17 Barden Ridge/Menai Collaborative Committee

13. MOTIONS OF WHICH NOTICE HAS BEEN GIVEN 14. MOTIONS

MOT031-17 Bupa Development, Sutherland

MOT032-17 Contaminated Land Site

MOT033-17 Investigation into the Introduction of Radar Speed Warning Signs within the

Sutherland Shire

15. RESCISSION MOTIONS

RES003-17 PLN038-17 - Proposed Modification to Approved Cronulla Sharks Retail

Development - Addition of 222 Apartments, 125 Room Hotel and 308

Parking Spaces

16. PRESENTATION OF PETITIONS 17. QUESTIONS 18. NON AGENDA ITEMS 19. CONSIDERATION OF BUSINESS IN CLOSED SESSION 20. CONFIDENTIAL REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 5

JUNE 2017 GOV002A-17 Writing Off Irrecoverable Debts

21. CONFIDENTIAL REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 5 JUNE 2017

SER002A-17 Value Assessment of Relocating the Central Library to Kirrawee

Page 3

Council Meeting 19 June 2017

22. CONFIDENTIAL REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 5 JUNE 2017 INF015A-17 T689/16 Construction of the Burnum Burnum Boat Ramp with Onramp

Pontoon and Wetland Upgrade

23. CONFIDENTIAL REPORTS FROM OFFICERS

COR007A-17 SUEZ Waste Disposal Contract 2017/18

Page 4

Council Meeting 19 June 2017

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MM013-17 MAYORAL MINUTE - 2017 QUEEN'S BIRTHDAY HONOURS

Attachments: Nil

The Councillors of the Sutherland Shire

Dear Councillors

The Queen's Birthday Honours recognises a diverse range of contributions and service across all

fields including professional endeavours, community work and sports.

On behalf of Sutherland Shire Council, I would like to extend congratulations to the following members

of our community who were honoured in the 2017 Queen's Birthday Honours:

• Mr Ferdie Dominelli - awarded the Medal of the Order of Australia for service to the community

through a range of roles.

• Mr Glenn Thompson - awarded the Medal of the Order of Australia for service to family law and

to the community.

• Ms Liliana Mularczyk - awarded the Medal of the Order of Australia for service to secondary

education in New South Wales.

• Ms Kelly Browne - awarded the Australian Fire Service Medal for service to the Rural Fire

Service.

MOTION

That congratulations be extended to the Sutherland Shire recipients who were honoured in the

2017 Queen's Birthday Honours.

Councillor Carmelo Pesce

Mayor

File Number: 2016/248002, 2015/14470

Page 5

Council Meeting 19 June 2017

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MM014-17 MAYORAL MINUTE - REFUGEE WELCOME ZONE

Attachments: Nil The Councillors of the Sutherland Shire Dear Councillors In 2004 Council signed on as a “Refugee Welcome Zone” in response to a request from The Refugee

Council of Australia inviting all councils to participate. The Refugee Council is a peak organisation that

calls for the adoption of just and humane policies toward refugees by governments.

Councils participate in the program by signing a declaration which is symbolic in nature. It

demonstrates and signifies that councils welcome refugees. It is recognition that the councils support

cultural and linguistic diversity and has compassion for refugees.

In response to a request by the Sutherland Shire Multicultural Network, I seek Council’s endorsement

to reaffirm its 2004 commitment that Sutherland Shire continues to being a “Refugee Welcome Zone”.

Council will also show its support for refugees and asylum seekers by having a banner on display at

The Kingsway, Gymea during Refugee Week, 18 - 25 June 2017.

As part of Refugee Week, Sutherland Library will host a book launch – Under the Same Sky by James

Knight, which tells the story of two Iranian refugees and how their love keeps their hopes alive.

Earlier this year Council was invited to participate in the National Journey of the Welcome Scroll. The

Welcome Scroll will function as a “baton” or “torch” and will travel around Australia to all Refugee

Welcome Zones. Council’s logo and the Mayor’s signature are on this Scroll to demonstrate

commitment to welcome refugees into our community.

Supporting Refugee Week and reaffirming Council’s commitment to being a Refugee Welcome Zone

reflects that Sutherland Shire is a caring and supportive community and is evolving into a culturally

rich and vibrant community.

MOTION

That Council reaffirms its commitment to being a Refugee Welcome Zone and continues to support

Refugee Week.

Councillor Carmelo Pesce

Mayor File Number: 2016/248002, 2016/256403

Page 6

Council Meeting 19 June 2017

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MM015-17 MAYORAL MINUTE - HEATHCOTE HALL DEVELOPMENT PROPOSAL

Attachments: Nil The Councillors of the Sutherland Shire Dear Councillors Councillors will be aware of the application lodged for the development of the historic Heathcote hall

site in East Heathcote. The proposed construction of 57 new dwellings and the restoration and reuse

of the Hall will be a significant change for this quiet neighbourhood surrounded by the National Park. As Councillors might expect, the local community has made known its significant concerns about the

proposed development. They have organised their own meetings, made over 200 submissions so far,

communicated via social media, and over 100 residents attended an information session run by

Council. Their voice is loud and clear, and the issues they raise must be given careful consideration. Many in the community have raised issues including the following:

• future use of the heritage building and potential traffic generation;

• incompatibility of medium density housing;

• bushfire risk and difficulties with evacuation;

• traffic and parking;

• impact on trees;

• impact on the heritage building and its surrounds;

• pedestrian safety;

• inconsistency with the character of the area;

• impacts on amenity during construction.

The application will be determined by the Sydney South Planning Panel. The purpose of this Mayoral

Minute is to highlight the genuine concerns of the community to the Panel, and implore its members to

give these concerns very serious consideration when the application comes before it. MOTION

That Council makes a submission to the Sydney South Planning Panel bringing to its attention the

genuine concerns of the local community and, requesting the Panel listen to those concerns and

give them very close consideration in making its decision.

Councillor Carmelo Pesce

Mayor File Number: 2016/248002, 2017/272894

Page 7

Council Meeting 19 June 2017

REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 5 JUNE 2017

GOV026-17 DETERMINATION OF THE LOCAL GOVERNMENT REMUNERATION

TRIBUNAL – CATEGORISATION OF COUNCILS EXECUTIVE SUMMARY

• The Local Government Remuneration Tribunal (the Tribunal) has released its determination of

Council categorisation for the 2017/18 financial year.

• The review established a new categorisation system of all NSW Council's as a consequence of

council amalgamations, effective from 1 July 2017.

• Council has long argued to be re-categorised within the Council categorisation system to reflect

the size and complexity of the issues that Council must deal with. In January this year Council

made a detailed submission to the Tribunal proposing a new way of categorising councils and

lobbying for Sutherland to advance to the next tier in the categorisation system.

• The recent determination by the Tribunal confirmed that Sutherland Council has been elevated

to the new Metropolitan Large category.

COMMITTEE RECOMMENDATION

That Council note the categorisation of Sutherland Shire Council as a Metropolitan Large Council.

Page 8

Council Meeting 19 June 2017

GOV027-17 FEES PAYABLE TO MAYOR AND COUNCILLORS EXECUTIVE SUMMARY

• The Local Government Remuneration Tribunal (LGRT) has released its determination of fees

payable to Mayors and Councillors for the 2017/18 financial year.

• Council is required to fix the annual fee payable to the Mayor and Councillors for the 2017/18

financial year in accordance with section 248 and section 249 of the Local Government Act

1993 and in accordance with the appropriate determination of the LGRT.

• Section 249 (5) of the Local Government Act 1993 states that a council may pay the Deputy

Mayor a fee determined by the council and that this fee must be deducted from the Mayor's

annual fee.

COMMITTEE RECOMMENDATION

THAT:

1. The annual fees for the Mayor for the period 1 July 2017 to 30 June 2018 be fixed at

$84,330.00 of which 15% ($12,650.00) will be paid to the Deputy Mayor.

2. The annual fees payable to Councillors for the period 1 July 2017 to 30 June 2018 be fixed at

$28,950.00.

Page 9

Council Meeting 19 June 2017

GOV028-17 CASH PAYMENTS & INVESTMENTS REPORT - APRIL 2017 EXECUTIVE SUMMARY

• This report provides details of Council’s investment performance for the period ending 30 April

2017, along with presenting cash and investment balances and diversification.

• Council may invest funds that are not, at any particular time, required for any other purpose.

Investment of these funds must be in accordance with relevant legislation and regulations and in

accordance with Council’s Policy for Investment of Cash Balances. Details of these investments

must be reported to Council monthly.

• The return on Council’s portfolio to 30 April 2017 was 3.01% compared to the benchmark of

1.83%.

• All investments have been made in accordance with legislative requirements and within relevant

Council policy.

COMMITTEE RECOMMENDATION

That the information concerning Bank Balances and Investments held as at 30 April 2017, be

received and noted.

Page 10

Council Meeting 19 June 2017

REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 5 JUNE 2017

SER027-17 PROPOSED RELEASE AND RELOCATION OF EASEMENT OVER 34-38

GLENCOE STREET & 132-136 WARATAH STREET, SUTHERLAND EXECUTIVE SUMMARY

• Council has received a request to consider the release and relocation of a drainage easement

benefiting Council to facilitate the development of six residential lots to their highest and best

use within the parameters of their current zoning under Development Application, 16/0561.

• The existing drainage easements to be released and relocated are located within Lots 6, 7, 8, 9

and 10 DP 16444 and Lot 11 DP 15358 located at 34-38 Glencoe Street, Sutherland and 132-

136 Waratah Street, Sutherland.

• An independent valuer has been engaged to determine the compensation payable to Council in

line with Council's Policy on the Release and Relocation of Drainage Easements.

• The proposed new location and upsizing of the drainage easement will result in a significant

improvement in Council's stormwater infrastructure, cater for a 1 in 100 year flood event and

address localised flooding.

COMMITTEE RECOMMENDATION

THAT:

1. The release and relocation of a drainage easement within Lots 6, 7, 8, 9 and 10 DP 16444 and

Lot 11 DP 15358 at terms and conditions to the satisfaction of the General Manager be

approved.

2. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No. 28, the General

Manager execute any necessary documentation to give effect to item 1.

Page 11

Council Meeting 19 June 2017

SER028-17 PROPOSED LEASE - BUNDEENA BOWLING CLUB EXECUTIVE SUMMARY

• Bundeena Bowling and Sports Club Co-op have leased Council Community land being Lot 1

DP553362 in Liverpool Street, Bundeena since 1972.

• The existing lease has expired and the club is in hold over.

• The proposed new lease was advertised and 2 submissions were received requesting that the

lease require the lessee to adhere to their Liquor License conditions. As required by the Local

Government Act any submissions must be reported to Council.

• Council's approval is sought to lease the community land to Bundeena Bowling and Sports Club

Co-op for a term of 5 years.

COMMITTEE RECOMMENDATION

THAT:

1. The community land, known as being Lot 1 DP553362 in Liverpool Street, Bundeena be

leased to Bundeena Bowling and Sports Club Co-op for a period of 5 years at terms and

conditions to the satisfaction of the General Manager.

2. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No.28, the General

Manager executes any necessary documentation to give effect to this resolution.

Page 12

Council Meeting 19 June 2017

SER029-17 SUTHERLAND SHIRE COUNCIL DISABILITY INCLUSION ACTION PLAN 2017-2021

EXECUTIVE SUMMARY

• Council has previously had an Access Policy which was approved in April 2013. The Disability

Inclusion Action Plan effectively replaces this Policy.

• The Development of a Disability and Inclusion Action Plan (DIAP) is a requirement for all Local

Governments under the NSW Disability Inclusion Act 2014.

• The DIAP has recently been on public exhibition and all submissions and feedback from surveys

and workshops have been considered.

• This plan aligns with the four year Integrated Planning and Reporting cycle and focusses on

helping people with disabilities achieve community inclusion.

COMMITTEE RECOMMENDATION

That the Sutherland Shire Council Disability Inclusion Action Plan (2017-2021) be adopted.

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Council Meeting 19 June 2017

SER030-17 SUTHERLAND SHIRE COMMUNITY CRIME PREVENTION PLAN 2018 - 2021 EXECUTIVE SUMMARY

• The Sutherland Shire Community Crime Prevention Plan (2018-2021) is a whole of community

approach to safety involving the NSW Police, the community services sector and Council.

• It is a four year plan coming into effect 1 July 2017 focused on reducing graffiti vandalism and

domestic violence offences.

• The Plan succeeds the previous Plan (2013-2017) that targeted graffiti vandalism and alcohol-

related violence.

• The plan provides a strategy for reducing crime rates and improving public safety in the

Sutherland Shire over the specified period.

COMMITTEE RECOMMENDATION

THAT:

1. The Sutherland Shire Community Crime Prevention Plan 2018-2021 be endorsed.

2. The Sutherland Shire Community Crime Prevention Plan 2018-2021 be submitted to the NSW

Department of Justice and Attorney General for endorsement as a Safer Communities

Compact.

3. Council explores more opportunities for approved murals in public spaces and continues to

work with community groups to explore the implementation of positive programs to address

graffiti based crime.

4. The domestic violence action plan be amended to include the provision of information about

care, temporary accommodation, service providers and other relevant services.

Page 14

Council Meeting 19 June 2017

REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 5 JUNE 2017

INF016-17 PROPOSED NAMING OF PARK IN LEONAY STREET, SUTHERLAND -

COMMUNITY CONSULTATION RESULTS EXECUTIVE SUMMARY

• Council received a request that the name "Harris Park" be adopted for the unnamed reserve at

6-8 Leonay Street, Sutherland to honour the late local resident, Rita Harris.

• Council resolved to provide in-principle support for the naming proposal and to undertake

community consultation.

• All feedback received from the community during the community consultation period was

supportive of the proposal.

• It is recommended that a formal submission be made by Council to the Geographical Names

Board to adopt the name "Harris Park" for the reserve.

COMMITTEE RECOMMENDATION

THAT:

1. A submission be made to the Geographical Names Board of NSW for the public reserve

located at 6-8 Leonay Street, Sutherland to be named "Harris Park."

2. The Aboriginal Advisory Committee be consulted on all proposed names of parks.

Page 15

Council Meeting 19 June 2017

INF017-17 CRONULLA TRAFFIC IMPROVEMENTS – INTERSECTIONS OF KINGSWAY AND ELOUERA ROAD AND KINGSWAY AND WILBAR AVENUE

EXECUTIVE SUMMARY

• The recently competed Cronulla Traffic Study and town centre traffic modelling identified the

intersection of Kingsway, Elouera Road and Gerrale Street as an emerging pinch point location.

• Under its Gateway to the South Pinchpoint Program, Roads and Maritime Services has advised

that it is in a position to fully fund and deliver improvements to the intersection in the winter of

2018.

• The proposed works will reduce existing delays and queuing during peak periods and are

considered necessary to provide additional intersection capacity to cater for existing and future

growth in the area.

• There is also opportunity to signalise the intersection of Kingsway and Wilbar Avenue, Cronulla.

COMMITTEE RECOMMENDATION

That subject to community consultation, Council support the Roads and Maritime Services

proposals to fully fund the following:

a. Upgrade the traffic signals at the intersection of Kingsway, Elouera Road and Gerrale Street,

Cronulla;

b. To provide offset car parking spaces in the public car park adjoining North Cronulla Surf Club

to compensate for the loss of car parking at the intersection; and

c. Provide traffic signals at the intersection of Kingsway and Wilbar Avenue, Cronulla.

Page 16

Council Meeting 19 June 2017

REPORTS OF THE SHIRE PLANNING COMMITTEE HELD ON 5 JUNE 2017

PLN040-17 REVIEW OF TREE MANAGEMENT ON PRIVATE PROPERTY EXECUTIVE SUMMARY

• The Sutherland Shire community continues to consistently place a high value on trees. The

many benefits of trees are reinforced in recent community survey research and the media.

• The challenge is to balance canopy retention with increases in density, new development and

legitimate community concerns about the safety risk associated with trees.

• Where safety is given as a reason for tree removal, it is recommended that the internationally

recognised Tree Risk Assessment Qualification methodology, which places safety risk as a

primary and overriding consideration, be introduced for the assessment of trees by both Council

officers and external arborists.

• It is proposed that external arborist reports be accepted as supporting evidence for tree removal

applications and that they be relied upon, without question, if they accurately apply the Tree

Risk Assessment Qualification methodology and meet specified quality parameters.

COMMITTEE RECOMMENDATION

THAT: 1. The communities concern about the safety risk associated with trees on residential property be

acknowledged and given top priority in Council’s assessment of tree removal applications.

2. In addition to the tree controls within Council's SSLEP 2015 and the assessment principles in

DDCP 2015, Council adopt a risk management approach to tree assessment where safety

concerns have been raised.

3. Council allows property owners to support tree removal applications on private property with

an AQF Level 5 Arborist report, and that the following procedure be implemented:

(i). External arborist reports be accepted with an application for removal;

(ii). If a tree is assessed by a Level 5 Arborist as presenting an unacceptable safety risk that

can only be mitigated by removal, approval to remove the tree be granted regardless of

all other factors;

(iii). Reports will not be relied upon if they are incomplete or contain fundamental errors

such as incorrect species or location;

(iv). Reports must address location of and impact on structures or proposed development,

ecological and aesthetic value, and any specific safety concerns, in addition to tree

health;

(v). The content of the assessment must lead to and justify the recommendation;

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Council Meeting 19 June 2017

(vi). If conditions (i) to (v) are satisfied, Council will grant approval for the removal of the tree

without question;

(vii). The fee for applications accompanied by an AQF Level 5 Arborist assessment report is

to be reduced to $36.00;

(viii). Applicants are to be notified via email within 5 days.

4. The tree application review process be refined to assist applicants in providing information that

supports their request.

5. A quarterly report be provided to Councillors beginning on 30 September 2017 providing

statistics on tree removal and tree planting.

Page 18

Council Meeting 19 June 2017

PLN041-17 GREY HEADED FLYING FOX MANAGEMENT EXECUTIVE SUMMARY

• Council commenced dispersal actions of the Grey Headed Flying Fox at Kareela in 2015. These

actions were suspended in 2016 due to food shortages. Indications are that the suspension

may be lifted in the near future.

• Due to the food shortages a second roost has been established at the Camellia Gardens. A

third roost appears to be forming in wetlands west of Cronulla High School

• As previously resolved by Council, grant funding has been sought and approved to fund amenity

impact reduction actions for properties adjacent to the Kareela site.

• Pending approval, a 2017 winter dispersal is possible. There are concerns of failure or the

creation of further splinter camps at an increased cost to Council, and it is recommended that an

alternate option of impact amelioration and camp habitat modification be endorsed.

COMMITTEE RECOMMENDATION

That Council pursue the following measures to manage Grey Headed Flying Foxes in lieu of relying

on dispersal as the primary action:

(a) In consultation and discussion with the Principal and P&C, Council provides such assistance

as it is able to reduce the long term and short term amenity impacts of Kareela Flying Fox

colony on Bates Drive School.

(b) Council progress and seek approval for the Kareela Flying-fox Camp Master Plan as a priority,

with the aim of permanently reducing the habitat available for roosting within proximity of

houses and adjacent schools, and the consequential impacts.

(c) Council monitor the camps at both Kareela and Camellia Gardens and if either camp is

voluntarily abandoned, Council takes action to discourage the reformation of a camp at that

site.

Page 19

Council Meeting 19 June 2017

PLN042-17 FURTHER REPORT - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF NINE TOWNHOUSES WITH ASSOCIATED LANDSCAPING AND FRONT FENCE – BURRANEER BAY ROAD, BURRANEER (DA16/0277)

EXECUTIVE SUMMARY

• This Development Application was deferred at Council on 18 April 2017 to provide the applicant

the opportunity to address issues relating to the accuracy of DA plans, further information on

trees to be retained and stormwater details.

• This report outlines how the issues have been addressed in accordance with that

recommendation.

• The application is for the demolition of existing structures and construction of 9 townhouses with

associated landscaping and front fence at the above property.

• The subject site is located on Burraneer Bay Road, between the T intersection to the west with

Craig Street and the intersection with Woolooware Road to the east.

COMMITTEE RECOMMENDATION

That Development Application No. 16/0277 for the demolition of existing structures and construction

of 9 townhouses with associated landscaping and front fence at Lot 20, DP 6779, Lot 21 DP 6779,

Lot 22 DP 6779 (Nos. 92, 94 & 96) Burraneer Bay Road, Burraneer be approved, subject to

conditions contained in Appendix “A” of the report.

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Council Meeting 19 June 2017

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COR051-17 REPORT AND MINUTES OF THE MEETING OF THE SUTHERLAND TRAFFIC AND TRAFFIC SAFETY COMMITTEE HELD ON FRIDAY, 2 JUNE 2017

Attachments: Appendix A

EXECUTIVE SUMMARY

• A Meeting of the Sutherland Traffic and Traffic Safety Committee was held on Friday, 2 June

2017.

• The Minutes of the meeting are below.

REPORT RECOMMENDATION

That the decisions contained in the Minutes of the Sutherland Traffic and Traffic Safety Committee

Meeting held on 2 June 2017 be noted.

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PRESENT: Councillor Croucher (Chairperson), together with Councillor McLean, Mr Mike Schrafft

(representing Mr Mark Speakman, MP), Senior Constable Rachel King (representing the NSW Police,

Sutherland Local Area Command), Senior Constable David Langton (representing the NSW Police,

Miranda Local Area Command) and Ms Tanmila Islam (representing Roads and Maritime Services).

Staff in attendance were the Traffic and Transport Manager (Bruce Powe), Traffic Engineer (Gerhard

Van Wyngaardt) and Executive Officer - Governance (Neil Treadwell).

APOLOGY: Apologies tendered on behalf of Eleni Petinos MP, Lee Evans MP, Mark Speakman MP,

Senior Constable Michael Todd (representing the NSW Police, Miranda Local Area Command) and Mr

Ayhan Askin (representing Transdev NSW) was accepted.

Report and Minutes of the Meeting of the Sutherland Traffic

and Traffic Safety Committee held on Friday, 7 April 2017

DECISION: (Councillor Croucher/R King)

That the Report and Minutes of the Sutherland Traffic and Traffic Safety Committee Meeting held on

Friday, 7 April 2017 be confirmed as a correct record.

Report and Minutes of the Meeting of the Sutherland Traffic

and Traffic Safety Committee held on Friday, 5 May 2017

DECISION: (Councillor Croucher/R King)

That the Report and Minutes of the Sutherland Traffic and Traffic Safety Committee Meeting held on

Friday, 5 May 2017 be confirmed as a correct record.

Report and Minutes of the Meeting of the Consultative

Traffic Forum held on Friday, 5 May 2017

DECISION: (Councillor Croucher/R King)

That the Report and Minutes of the Consultative Traffic Forum Meeting held on Friday, 5 May 2017 be

confirmed as a correct record.

*** Disclosures of Interest

There were no disclosures of interest declared.

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All Report Recommendations were voted unanimously by the Sutherland Traffic and Traffic Safety Committee. STR115-17 Sutherland Leisure Centre Carpark, Sutherland - 4

Hour Parking Limit File Number: 2017/263071

DECISION:

That the matter be deferred to the Sutherland Traffic and Traffic Safety Committee meeting in July to

allow discussion with the relevant Sutherland Leisure Centre staff so that the exact needs of the

Leisure Centre patrons parking requirements can be established.

STR116-17 Kiora Road, South of Karimbla Road, Miranda - Parking Restrictions

File Number: 2017/263071

DECISION:

THAT:

1. Peak period "No Parking 7:30 - 10am Mon to Fri" and "2P 10am - 6pm Mon to Fri and 8:30am to

12:30pm Sat" parking restrictions be approved on the western side of Kiora Road, between

Adina Street and Karimbla Road, Miranda in accordance with Plan 'A' attached to the report.

2. A full-time 8 metre long "No Parking" zone be provided south of the existing 'No Stopping' zone

on the approach to the traffic signals.

3. The authorised regulation officers be advised of this decision for enforcement purposes.

STR117-17 Kiora Road, South of Willock Ave, Miranda - AM & PM Parking Restrictions

File Number: 2017-263071

DECISION:

THAT:

1. Peak period "No Parking" zones be extended in length and operating times on the eastern side

of Kiora Road generally opposite the Miranda Police Station south towards the Kingsway, in

accordance with Plan 'A' attached to the report.

2. The Authorised Officers be advised of this decision for enforcement purposes.

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STR118-17 Proposed No Left Turn into Cronulla Plaza, Cronulla File Number: 2017/263071

DECISION:

THAT:

1. "No Left Turn” sign and associated flexible bollard and line markings be provided on a six month

trial basis in Cronulla Street, Cronulla in accordance with Amended Plan 'A' attached to the

Minutes (Appendix A).

2. The community be advised of this decision by way of the following:

• Notification via Email to workshop attendees and others on the stakeholder list.

• Notification on Council’s Leader Page, website and facebook page.

• Variable message signage on site in the lead up to and post changeover.

STR119-17 2017 Cronulla Spring Festival - Proposed Temporary Closure of Cronulla Street, Surf Road and Purley Place, Cronulla

File Number: 2017/270819

DECISION:

THAT:

1. Pursuant to Section 116 of the Roads Act 1993, the temporary closure of Cronulla Street, from

Croydon Street to Purley Place, Surf Road from Cronulla Street to Gerrale Street, and Purley

Place from Cronulla Street to Croydon Street, Cronulla, from 4:00 am Saturday, 9 September to

7:00 pm Sunday, 10 September 2017, be approved to conduct the 2017 Cronulla Spring

Festival event, provided the applicant ensures the following conditions and requirements are

satisfied:

(a) The applicant shall organise sufficient police, accredited traffic controllers, security and/or

private marshals to ensure and supervise the safe conduct of the event at all times.

(b) The applicant shall use barriers, detour signposting and directional signposting to

adequately highlight the area of the proposed temporary closure and ensure motorists are

warned of changes to local traffic patterns in view of the proposed closure(s).

(c) The applicant shall ensure that all laws, rules and regulations are strictly observed by

participants. It is the applicant’s responsibility to ascertain which laws, rules and

regulations may be applicable to the use of the road.

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STR119-17 Cont’d

(d) The applicant shall notify the State Emergency Service prior to the event.

(e) The applicant shall ensure the road is left in a reasonably clean condition after the event.

(f) The event be advertised in the local paper for a minimum period of 28 days and a letter

box drop undertaken of affected businesses and provided there are no substantial or

reasonable objections received, the event be permitted to proceed.

(g) The applicant shall meet the advertising fee of $250.00 and pay this sum to the

Sutherland Shire Council, at least seven (7) calendar days prior to the event. Such

monies should be paid at the front counter of Council’s Administration Centre, 4 to 20

Eton Street Sutherland (Account Number: SCCA2ADSSTC001); and proof of payment

should be forwarded to the Sutherland Traffic Committee Executive Officer for appropriate

action.

(h) That Australian Standard 1742.3 be complied with and that the applicant grant 'Lead

Agencies' (ie, the NSW Police, the Roads and Maritime Services and the Sutherland

Shire Council) an indemnity from and against all claims, demands, remedies, suits,

injuries, damage, losses, costs, liabilities, actions, proceedings, rights of action and

claims for compensation for which the 'Lead Agencies’ may become liable in connection

with injury, damage or accidental death through the applicants neglect or default or the

neglect/default of any other person in connection with the approved use of the streets for

the event.

(i) The applicant will send evidence of public liability insurance coverage for the event,

including Council’s interest noted thereon, to the Executive Officer - Governance at

Council’s Administration Centre, 4 to 20 Eton Street Sutherland; at least seven (7)

calendar days prior to the event.

(j) A letterbox drop of affected local residents and businesses a minimum of seven (7) days

prior to the event.

2. The event referred to in 1 above be conducted in accordance with the requirements of the

Roads and Maritime Services (RMS) "Guidelines for Traffic Management for Special Events"

and the event be classified as a Class 2 event.

3. After the event, Council may reconsider use of the road by the applicant, and any improper use

and/or disregard of the conditions and requirements may lead to a rejection of future

applications.

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STR119-17 Cont’d

4. Pursuant to the Delegations to Councils on the Regulation of Traffic, a Traffic Management Plan

be prepared in accordance with the appropriate guidelines and submitted to the Sydney

Transport Management Centre - Special Events Unit of the RMS for consideration of approval.

Under these circumstances the advice of the RMS representative is offered without prejudice

and will not be construed as embodying the concurrence of the RMS.

STR120-17 Bate Bay Road, Cronulla - School No Parking Restrictions

File Number: 2017/263071

DECISION:

THAT:

1. 'No Parking 8:00am - 9:00am and 3:00pm – 4:00pm School Days' restrictions be provided at

Bate Bay Road, Cronulla, in accordance with Plan 'A' attached to the report.

2. The Authorised Officers be advised of this decision for enforcement purposes.

STR121-17 Solander Playing Fields and Captain Cook Oval Carparks - Time Limited Restrictions and Authorised Mobility Parking

File Number: 2017/263071

DECISION:

THAT:

1. '2P 6am-9am Sat-Sun, 3pm to 10pm Mon-Fri’; ‘4P 9am-8pm Sat-Sun’; and Authorised Mobility

Parking restrictions be provided in the 'Road Related Areas' at Solander Playing Fields carpark

and Captain Cook Oval carpark, Captain Cook Dr, Woolooware, in accordance with Plan 'A' and

Plan 'B' attached to the report.

2. The Authorised Officers be advised of this decision for enforcement purposes.

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STR122-17 Cronulla Street, Cronulla - No Parking Restrictions and Linemarking

File Number: 2017/263071

DECISION:

THAT:

1. Parking space linemarking be provided at the existing bay in Cronulla Street at the Cronulla

Railway Station north entry, in accordance with Plan 'A' attached to the report.

2. A 'No Parking Pick Up & Set Down Only' zone and linemarking be provided in Cronulla Street

south of Laycock Avenue at the Cronulla Railway Station south entry, in accordance with Plan

'A' attached to the report.

3. The Authorised Officers be advised of this decision for enforcement purposes.

STR123-17 Minor Signposting and Linemarking - June 2017 File Number: 2017/263071

DECISION:

THAT:

1. The recommendations listed in the Minor Signage Items table, be approved in accordance with

the attached plans.

2. The Authorised Officers be advised of this decision for enforcement purposes.

STR124-17 Engadine Street Festival - Temporary Road Closure File Number: 2017/270819

DECISION:

THAT:

1. Pursuant to Section 116 of the Roads Act 1993, the temporary closure of Old Princes Highway,

Engadine, between Waratah Road and Station Street, and Station Street, between Old Princes

Highway and the driveway of the Engadine Tavern, from 4am to 6pm on Sunday, 13 August

2017 be approved for the conduct of the Engadine Street Festival event, provided the applicant

ensures the following conditions and requirements are satisfied:

(a) The applicant shall organise sufficient police, accredited traffic controllers, security and/or

private marshals to ensure and supervise the safe conduct of the event at all times.

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STR124-17 Cont’d

(b) The applicant shall use barriers, detour signposting and directional signposting to

adequately highlight the area of the proposed temporary closure and ensure motorists

are warned of changes to local traffic patterns in view of the proposed closure(s).

(c) The applicant shall ensure that all laws, rules and regulations are strictly observed by

participants. It is the applicant’s responsibility to ascertain which laws, rules and

regulations may be applicable to the use of the road.

(d) The applicant shall notify the State Emergency Service prior to the event.

(e) The applicant shall ensure the road is left in a reasonably clean condition after the event.

(f) The event be advertised in the local paper for a minimum period of 28 days and a letter

box drop undertaken of affected businesses and provided there are no substantial or

reasonable objections received, the event be permitted to proceed.

(g) The applicant shall meet the advertising fee of $250.00 and pay this sum to the

Sutherland Shire Council, at least seven (7) calendar days prior to the event. Such

monies should be paid at the front counter of Council’s Administration Centre, 4 to 20

Eton Street Sutherland (Account Number: SCCA2ADSSTC001); and proof of payment

should be forwarded to the Sutherland Traffic Committee Executive Officer for appropriate

action.

(h) That Australian Standard 1742.3 be complied with and that the applicant grant 'Lead

Agencies' (ie, the NSW Police, the Roads and Maritime Services and the Sutherland

Shire Council) an indemnity from and against all claims, demands, remedies, suits,

injuries, damage, losses, costs, liabilities, actions, proceedings, rights of action and

claims for compensation for which the 'Lead Agencies’ may become liable in connection

with injury, damage or accidental death through the applicants neglect or default or the

neglect/default of any other person in connection with the approved use of the streets for

the event.

(i) The applicant will send evidence of public liability insurance coverage for the event,

including Council’s interest noted thereon, to the Executive Officer - Governance at

Council’s Administration Centre, 4 to 20 Eton Street Sutherland; at least seven (7)

calendar days prior to the event.

(j) A letterbox drop of affected local residents and businesses a minimum of seven (7) days

prior to the event.

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STR124-17 Cont’d

2. The event referred to in 1 above be conducted in accordance with the requirements of the

Roads and Maritime Services (RMS) "Guidelines for Traffic Management for Special Events"

and the event be classified as a ‘Class 2’ event.

3. After the event, Council may reconsider use of the road by the applicant, and any improper use

and/or disregard of the conditions and requirements may lead to a rejection of future

applications.

4. Pursuant to the Delegations to Councils on the Regulation of Traffic, a Traffic Management Plan

be prepared in accordance with the appropriate guidelines and be submitted to the Sydney

Transport Management Centre - Special Events Unit of the RMS for consideration of approval.

Under these circumstances the advice of the RMS representative is offered without prejudice

and will not be construed as embodying the concurrence of the RMS.

The Meeting closed at 10:22 am.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Traffic & Transport Services Manager,

Bruce Powe, who can be contacted on 9710 0498.

File Number: 2015/2036

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STR118-17 AMENDED PLAN A NO LEFT TURN TO CRONULLA PLAZA, CRONULLA

Proposed Signage and Line Marking Plan

PROPOSED ‘NO LEFT TURN‘SIGN ON NEW STEM AS SHOWN

PROPOSED ‘TRAVERSABLE FLEXIBLE BOLLARD’ AS SHOWN

PROPOSED LINE MARKING AS SHOWN

AMENDED PLAN A

EXISTING KEEP CLEAR SIGN & LINE MARKING AS SHOWN

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COR052-17 BARDEN RIDGE/MENAI COLLABORATIVE COMMITTEE

Attachments: Appendix A

EXECUTIVE SUMMARY

• Council at its meeting held on 4 October, 2016 resolved to establish a number of sub-

committees, including the Barden Ridge/Menai Collaborative Committee.

• Nominations have been called from E Ward to apply for membership as a community

representative on this committee.

• This report seeks endorsement of the four nominations received and the draft Charter for this

committee.

REPORT RECOMMENDATION

THAT:

1. The four nominations be accepted, and the nominees as listed in the report be appointed as

community representatives on the Barden Ridge/Menai Collaborative Committee.

2. The draft charter for the committee, as attached in the appendix of this report be endorsed.

3. A Chairperson for the Committee be appointed.

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PURPOSE

This report seeks endorsement of the four nominations received and the draft Charter for the Barden

Ridge/Menai Collaborative Committee.

BACKGROUND

At the meeting held on 4 October 2016 Council established the Barden Ridge/Menai Collaborative

Committee. Nominations were invited from residents living on the western side of the Woronora River

to guide Council in improving services and infrastructure in the area. Nominations closed on 31 May

2017 and the following nominations were received:

• Rachel Jones

• Mark Stephens

• Valeria Morahan

• Debbie Taylor

All community representatives are bound by their respective Sub-Committee Charters and the Council

Code of Conduct.

The draft Charter for the Committee is drafted in Council's standard format and reflects the objectives

of the Committee and the conditions under which the Committee will operate.

CONSULTATION E Ward Councillors have reviewed the nominations and have recommended all four nominations be

accepted. Copies of the applications will be available to Councillors for viewing at the meeting, or by

prior request to the Corporate Governance Manager, Samantha Charlton.

BUDGET AND RESOURCES

The operation of Council sub-committees is the responsibility of the Governance and Customer

Service Unit utilising existing resources.

POLICY

There is no policy applicable to this matter.

CONCLUSION

It is considered appropriate that the four nominations be accepted and the draft Charter be endorsed

to allow this committee to commence meeting.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Governance and Customer

Service, Todd Hopwood, who can be contact on 9710 0817.

File Number: 2017/276317

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Barden Ridge/Menai Collaborative Committee

CHARTER June 2017

Prepared by: Corporate Governance Unit

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Barden Ridge/Menai Collaborative Committee - Charter 2

1. NAME Barden Ridge/Menai Collaborative Committee

2. MEMBERSHIP The membership of the Working Party shall consist of:

VOTING MEMBERS

Chairperson (Councillor appointed by Council)

Deputy Chairperson (Councillor appointed by Council)

Councillors Up to three Councillors appointed by the Council, in addition to the Chairperson

and Deputy Chairperson.

Community Representatives

4 Community Representatives from E Ward (appointed by Council)

NON-VOTING MEMBERS

Any other Interested Councillors Council Staff General Manager or his delegate

Director Shire Infrastructure or representative

Group Manager Asset Management

Group Manager Project Delivery

Other staff as required

Any additional expertise, other relevant sectors or individuals who are seconded as required.

3. OBJECTIVE

• To provide an engagement forum between council and representatives of the residents

of E Ward on the adopted range and level of services provided by council in the Ward to

ensure optimal value in council expenditure

• To preview and provide feedback on capital expenditure proposals for the Ward after

initial consideration by the elected Council

• To report on progress of capital projects being undertaken in the Ward.

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4. PROCEEDINGS

4.1 Working Party Members All Working Party members shall be bound by the provision of this charter and the Code

of Conduct.

4.2 Vacancies A vacancy on the Working Party shall be filled in the same manner as the original

appointment is made.

4.3 Tenure of Office

4.3.1 Members of the Working Party shall hold office:

In the case of a Councillor, as determined by Council each year in accordance with the

provisions of the Local Government Act.

In the case of staff, while such persons continue to hold the position as stated.

In the case of the community representatives for a two year period commencing each

Council Election.

4.3.2 The position of any Working Party member is to be considered vacant after non

attendance of three consecutive meetings without valid reason and that the position to be

filled in the same manner as the original appointment was made.

4.4 Meetings

4.4.1 Meetings of the Working Party shall be held quarterly.

4.4.2 Business will not be conducted at any meeting of the Working Party unless a quorum is

present.

4.5 Quorum

The quorum of this Working Party shall be five voting members, including one Councillor.

4.6 Voting Each voting member shall be entitled to one vote in respect to any matter and the

decision of the Working Party shall be by the majority of votes cast in favour. The

chairperson shall have a casting vote.

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Barden Ridge/Menai Collaborative Committee - Charter 4

4.7 Attendance Community representatives are only permitted to miss a maximum of three out of six

meetings per annum without the Working Party formally endorsing special leave of

absence.

4.8 Procedural Matters In relation to any procedural matter, the ruling of the Chairperson shall be final.

4.9 Variation of this Charter This charter may be added to, repealed or amended by resolution of the Council in

consultation with, or upon the recommendation of, the Committee.

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MOT031-17 BUPA DEVELOPMENT, SUTHERLAND

Pursuant to Notice, Councillor Steinwall submitted the following Motion:

THAT:

1. Councillors receive a briefing on the progress of the proposed Bupa development in

Sutherland.

2. This briefing be presented by the next round of Council.

File Number: DA16/1620

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MOT032-17 CONTAMINATED LAND SITE

Pursuant to Notice, Councillor Steinwall submitted the following Motion:

That Council receive a report, as soon as possible, concerning site contamination at 1-3 Oxford

Street, Sutherland detailing:

1. The history of contamination at the site and measures taken by Council to ensure the site is

decontaminated;

2. Measures to progress the decontamination of the site with relevant statutory authorities;

3. An update on the outcome and recommendations of the recently announced review of the

Environment Protection Agency's governing legislation.

File Number: 2015/46649

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MOT033-17 INVESTIGATION INTO THE INTRODUCTION OF RADAR SPEED WARNING SIGNS WITHIN THE SUTHERLAND SHIRE

Pursuant to Notice, Councillor Riad submitted the following Motion:

THAT: 1. Council receives a report that explores introducing radar speed warning signs within the

Sutherland Shire to reduce instances of speeding on local roads (such as Fowler Road

Illawong).

2. The report should identify:

a. Options for establishing a trial project;

b. Budgetary implications;

c. The success of such devices used within other LGAs (such as Inner West and

Brisbane);

d. Any recommendations of Council’s Consultative Traffic Forum

3. Council supports in-principle of a trail of radar speed warning signs within the Sutherland

Shire.

File Number: 2017/263071, 2017/262673

Appendix A - Indicative example of speed radar

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17

RES003-17 PLN038-17 - PROPOSED MODIFICATION TO APPROVED CRONULLA SHARKS RETAIL DEVELOPMENT - ADDITION OF 222 APARTMENTS, 125 ROOM HOTEL AND 308 PARKING SPACES

Pursuant to Notice, Councillors Scaysbrook, Steinwall and Forshaw move the following Resolution of

Council 15/05/17 (PLN038-17) be rescinded:

The report Proposed Modification to Approved Cronulla Sharks Retail Development - Addition of 222

Apartments, 125 Room Hotel and 308 Parking Spaces be received and noted.

File Number: 2017/268425

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CONFIDENTIAL REPORTS OF THE CORPORATE GOVERNANCE COMMITTEE HELD ON 5 JUNE 2017

In accordance with Section 10A(1) of Local Government Act 1993, the following matters will be

considered in the Closed Session:

GOV002A-17 WRITING OFF IRRECOVERABLE DEBTS Section 10A(2)(g) Advice Concerning Litigation, or Advice that would Otherwise be Privileged from Production in Legal Proceedings on the Grounds of Legal Professional Privilege.

This matter is being considered in Closed session as it relates to the receipt and consideration of legal

advice concerning litigation; or which would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege. On balance, the public interest in

preserving the confidentiality of information relating to legal privileged information outweighs the public

interest in maintaining openness and transparency in council decision-making because the disclosure

of this information may result in council waiving its right to claim legal professional privilege in any

relevant legal action which may lead to loss or damage by council.

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CONFIDENTIAL REPORTS OF THE SHIRE SERVICES COMMITTEE HELD ON 5 JUNE 2017

In accordance with Section 10A(1) of Local Government Act 1993, the following matters will be

considered in the Closed Session:

SER002A-17 VALUE ASSESSMENT OF RELOCATING THE CENTRAL LIBRARY TO KIRRAWEE

Section 10A(2)(d)(ii) Commercial Information of a Confidential Nature:

This matter is being considered in Closed session as it relates to commercial information the

disclosure of which would be likely to confer a commercial advantage on a competitor of the council.

On balance, the public interest in preserving the confidentiality of information relating to council’s

commercial activities outweighs the public interest in maintaining openness and transparency in

council decision-making because the disclosure of this information could allow competitors to council’s

commercial activities to gain a commercial advantage.

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CONFIDENTIAL REPORTS OF THE SHIRE INFRASTRUCTURE COMMITTEE HELD ON 5 JUNE 2017

In accordance with Section 10A(1) of Local Government Act 1993, the following matters will be

considered in the Closed Session:

INF015A-17 T689/16 CONSTRUCTION OF THE BURNUM BURNUM BOAT RAMP WITH ONRAMP PONTOON AND WETLAND UPGRADE

Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:

This matter is being considered in Closed session as it relates to commercial information the

disclosure of which would be likely to prejudice the commercial position of the person, company or

tenderer who supplied it. On balance, the public interest in preserving the confidentiality of information

provided by persons, companies or tenderers outweighs the public interest in maintaining openness

and transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

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CONFIDENTIAL REPORTS FROM OFFICERS

In accordance with Section 10A(1) of Local Government Act 1993, the following matter will be

considered in the Closed Session:

COR007A-17 SUEZ WASTE DISPOSAL CONTRACT 2017/18 Section 10A(2)(d)(i) Commercial Information of a Confidential Nature:

This matter is being considered in Closed session as it relates to commercial information the

disclosure of which would be likely to prejudice the commercial position of the person, company or

tenderer who supplied it. On balance, the public interest in preserving the confidentiality of information

provided by persons, companies or tenderers outweighs the public interest in maintaining openness

and transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

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