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AUBURN COUNCIL ORDINARY MEETING OF COUNCIL PRESENT Her Worship the

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					                                 AUBURN COUNCIL

                                   MINUTES OF THE
                        ORDINARY MEETING OF COUNCIL
                           HELD IN THE COUNCIL CHAMBER,
                        CIVIC PLACE, 1 SUSAN STREET, AUBURN
                            ON WEDNESDAY, MARCH 5, 2008
                               COMMENCING AT 6.30PM




PRESENT

Her Worship the Mayor (Clr Lam), Councillors Au, Batik (from 6.35pm and until
9.46pm), Campbell (from 6.32pm), Cassidy, Curtin, Korabelnikoff (except from
9.21pm until 9.23pm and from 9.25pm until 9.28pm and until 9.50pm), Michaels (from
6.34pm), Oueik (from 6.32pm and except from 8.21pm until 8.24pm), Simms (except
from 9.17pm until 9.20pm) and Zraika




IN ATTENDANCE

General Manager, Director Planning & Environment, Director Works & Services,
Manager Administration, Manager Engineering, Manager Planning & Assessment,
Manager Finance, Manager Strategy, Senior Administration Officer and
Administration Officer




APOLOGY

RESOLVED unanimously on the motion of Clr Curtin, seconded Clr Simms that
an apology for non attendance due to illness by Clr Zreika be accepted and
leave of absence granted.




THIS IS PAGE NO.1 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008…….….…..…….MAYOR
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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008


061/08       Disclosure of Interests
C-28-07/04      JB

There were no disclosures of interest.


062/08       Address by Invited Speakers
C-28-02/03

The following persons had made requests to address the Council on the item as
indicated:

 Speaker                  Item / Subject
 Mr A. Ferguson           21 Vivian Crescent Berala - DA 89/2007
 Mr X.M. Zho              21 Vivian Crescent Berala - DA 89/2007
 Mr K. Wong               21 Vivian Crescent Berala - DA 89/2007
 Mr O. Yu                 21 Vivian Crescent Berala - DA 89/2007
 Ms B. Moloney            21 Vivian Crescent Berala - DA 89/2007

RESOLVED unanimously on the motion of Clr Curtin, seconded Clr Campbell:

     1. That the report on Invited Speakers be received and the information
        therein noted.

     2. That standing orders be varied to allow the item to be dealt with
        following the address by each of the speakers.


063/08       Confirmation of the Minutes of Previous Meeting
C-28-02/03      BC

RESOLVED unanimously on the motion of Clr Curtin, seconded Clr Simms that
the minutes of the Ordinary Meeting of Council held on February 20, 2008 be
adopted, subject to it being noted that the amendment moved regarding Minute
No 053/08 should not refer to the special variation to general income of 7.2% as
being on going.


064/08       Matters Determined without Further Debate
C-28-02/03      BC

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms:

1.    That Council identify those matters to be dealt with by the exception
      method.

2.    That items 065/08, 067/08, 068/08, 071/08, 072/08, 073/08 and 075/08 be
      dealt with individually and the remaining matters and the
      recommendations therein be adopted.



THIS IS PAGE NO.2 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008…….….…..…….MAYOR
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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008


065/08      21 & 21A Vivian Crescent, Berala
DA89/2007        GF:TK

Mr A. Ferguson, Mr K. Wang, Mr O. Yu, Ms B Moloney and Mr X. Zho each in turn
addressed the meeting on the matter.

RESOLVED unanimously on the motion of Clr Curtin, seconded Clr Cassidy
that an extension of time be granted to Mr X. Zho.

MOVED Clr Michaels, seconded Clr Batik:-

     1.     That Council grant approval to the departures from Clauses 8(3), 8(4), 11
            and 14 of the Auburn Local Environmental Plan 2000; part D1.1 and D2.1
            of the Parking and Loading Development Control Plan Development
            Control Plan; Part 11.0 of the General Requirements Development
            Control Plan due to the circumstances of the site and the public benefit
            provided by the place of public worship to the Auburn community.

     2.     That Development Application No. DA-89/2007 for Demolition of existing
            boarding house and associated structures and construction of a new two
            and three level building to be used as a place of public worship (Buddhist
            Temple) and including associated stormwater, landscaping and access
            works on land at 21 & 21A Vivian Crescent, BERALA be referred to the
            General Manager for determination having regard to the matters for
            consideration detailed in Section 79C of the Environmental Planning and
            Assessment Act 1979 (as amended) and other relevant issues with an
            indication that based on the information available to it, Council favours
            approval of the application subject to appropriate conditions.

   3.       That traffic monitoring be undertaken in approximately 12 months to
            ensure that the traffic conditions are being adhered to.

   4.       That the installation of a solar hot water system be included as a
            condition of approval.

Amendment

An amendment was moved Clr Curtin, seconded Clr Zraika that the matter be
deferred for 2 weeks so as to enable Council to visit the site with the Traffic Engineer
and Town Planner with a view to identifying a solution to the traffic issues.

Point of Order

During the debate on the matter Clr Curtin raised a Point of Order on the basis that
he was of the opinion that the Mayor was entering into the debate.

The Mayor dismissed the Point of Order.

Point of Order

During the further debate on the matter Clr Curtin raised a Point of Order on the
basis that he was of the opinion that the Mayor was entering into the debate from the
chair and that she should vacate the chair so as to speak from the floor.



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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008


The Mayor dismissed the Point of Order.

The amendment was put to the vote and declared carried and became the
motion.

For:            Councillors Campbell, Cassidy, Curtin, Korabelnikoff, Oueik, Simms
                and Zraika

Against:        Councillors Lam, Au, Batik and Michaels

The motion was then put to the vote and declared carried.

RESOLVED on the motion of Clr Curtin, seconded Clr Zraika that the matter be
deferred for 2 weeks so as to enable Council to visit the site with the Traffic
Engineer and Town Planner with a view to identifying a solution to the traffic
issues.

For:            Councillors Campbell, Cassidy, Curtin, Korabelnikoff, Oueik, Simms
                and Zraika

Against:        Councillors Lam, Au, Batik, and Michaels


065A/08      Adjournment
DA89/2007       GF:TK

The Mayor then declared the meeting adjourned so as to enable the gallery to clear
(the time being 7.46pm).

RESOLVED unanimously on the motion of Clr Cassidy, seconded Clr Zraika
that the Council’s Meeting reconvene.

The meeting reconvened at 7.56pm.


065B/08      Order of Business

RESOLVED unanimously on the motion of Clr Cassidy, seconded Clr Zraika
that item No 072/08 (Address by Maddocks) be brought forward for
consideration at this point in the meeting.

Accordingly item 072/08 was dealt with following item 065A/08. However for the
sake of clarity these items are recorded in their original agenda sequence.


066/08       Union Picnic Day – Friday March 14, 2008
S-14-02/02      PT:MW

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms:-

1.     That Council remain open for business to provide certain services on
       Picnic Day with the provision of skeleton staff to be determined by the
       General Manager. Staff required to work on the day will be paid as though
       the day was a public holiday at the appropriate rates of pay.


THIS IS PAGE NO.4 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008….….…..…….MAYOR
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2.    That Council afford those employees who are not required to work on
      Picnic Day an industry holiday on Friday, March 14, 2008 therefore
      providing equally favourable conditions for all employees and avoiding
      any penalties through contravention of Part 16 of the Act (Freedom of
      Association) as recommended by the Local Government & Shires
      Associations.


067/08       Annual Charity Golf Day – Auburn Lidcombe Lions Club Inc.
G-10-01/08      RW:CM

RESOLVED unanimously on the motion of Clr Simms, seconded Clr Curtin that
Council waive the total green fees for participants attending the Auburn
Lidcombe Lions Club Inc. Charity Golf Day on April 6, 2008.


068/08       Review of Concession Categories and Bonds for the Hire of
             Council’s Venues
H-01-01/04      MH:PI

Moved Clr Curtin, seconded Clr Campbell:

1.    That Council adopt new concession categories to be effective from 1st July 2008
      as follows:-

                                                                   SUBSIDY
                   CATEGORY                                 LOCAL*         NON LOCAL
                                                       Weekday  Weekend Weekday Weekend
Category A
- Non profit community groups
   Not for profit community groups that conduct
   meetings or provide services/activities for the
   benefit of the community on a non
   commercial basis, such as education and
   lifelong learning, social and cultural activities
   which meet priority outcomes in Council's
                                                        100%     80%        50%          40%
   Social and Cultural Plans; includes non profit
   organisations, voluntary groups and
   registered charities, government agencies
   providing a service of direct benefit to the
   local community, strata committees and
   precinct executive meetings and small, newly
   establishing religious groups.




THIS IS PAGE NO.5 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008….….…..…….MAYOR
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                                                                  SUBSIDY
                   CATEGORY                              LOCAL*             NON LOCAL
                                                    Weekday Weekend       Weekday Weekend
Category B
- Religious/Worship
   Religious/Worship activities for the purpose
   of religious worship or general congregation
   where the organisation is located within the      90%        70%            -             -
   Auburn LGA and/or where the activity targets
   more than 50% of local residents.

-    Cost recovery programs
     Groups that charge a fee on a cost recovery
     basis – includes social, cultural and
     recreational activities (e.g. yoga, line
     dancing, scrapbooking classes) provided to      90%        70%         Nil          Nil
     local residents for a small fee or charge in
     order to recuperate some or all of the costs
     of providing the activity or service as
     opposed to on a profit making basis.

-
Category C
- Local primary and secondary schools                10%          -            -             -

2.     That bonds applicable to the hire of the Council’s meeting rooms and Town Hall
       remain at the present amounts.

3.     That Council’s Schedule of Fees and Charges with respect to the Hire of
       Council venues be amended accordingly in the 2008/2009 Management Plan.

Amendment

An amendment was moved Clr Korabelnikoff, seconded Clr Simms:

     1. That Council adopt new concession categories and bonds as detailed in the
        subject report to be effective from 1st July 2008.

     2. That Council’s Schedule of Fees and Charges with respect to the Hire of
        Council venues be amended accordingly in the 2008/2009 Management Plan.

The amendment was put to the vote and declared lost.

For:         Councillors         Batik, Cassidy, Korabelnikoff, Michaels and Simms

Against:     Councillors         Lam, Au, Campbell, Curtin, Oueik and Zraika

The motion was then put to the vote and declared carried.

RESOLVED on the motion of Clr Curtin, seconded Clr Campbell:

     1. That Council adopt new concession categories to be effective from 1st
        July 2008 as follows:-




THIS IS PAGE NO.6 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008….….…..…….MAYOR
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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008
                                                                   SUBSIDY
                  CATEGORY                              LOCAL*              NON LOCAL
                                                   Weekday  Weekend       Weekday Weekend
Category A
- Non profit community groups
   Not for profit community groups that
   conduct meetings or provide
   services/activities for the benefit of the
   community on a non commercial basis,
   such as education and lifelong learning,
   social and cultural activities which meet
   priority outcomes in Council's Social and        100%        80%         50%          40%
   Cultural Plans; includes non profit
   organisations, voluntary groups and
   registered charities, government agencies
   providing a service of direct benefit to the
   local community, strata committees and
   precinct executive meetings and small,
   newly establishing religious groups.
                                                                   SUBSIDY
                  CATEGORY                              LOCAL*               NON LOCAL
                                                   Weekday Weekend        Weekday Weekend
Category B
- Religious/Worship
   Religious/Worship activities for the
   purpose of religious worship or general
   congregation where the organisation is           90%         70%           -              -
   located within the Auburn LGA and/or
   where the activity targets more than 50%
   of local residents.

-   Cost recovery programs
    Groups that charge a fee on a cost
    recovery basis – includes social, cultural
    and recreational activities (e.g. yoga, line
    dancing, scrapbooking classes) provided         90%         70%          Nil         Nil
    to local residents for a small fee or charge
    in order to recuperate some or all of the
    costs of providing the activity or service
    as opposed to on a profit making basis.

-
Category C
- Local primary and secondary schools               10%           -           -              -

    2. That bonds applicable to the hire of the Council’s meeting rooms and
       Town Hall remain at the present amounts.

    3. That Council’s Schedule of Fees and Charges with respect to the Hire of
       Council venues be amended accordingly in the 2008/2009 Management
       Plan.

For:        Councillors        Lam, Au, Campbell, Curtin, Oueik and Zraika

Against:    Councillors        Batik, Cassidy, Korabelnikoff, Michaels and Simms



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069/08       Construction of New Trunk Drain from Euston Road to Duck River
T-05-76          GS:RW

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms:

1. That the information contained in this report be received and noted.

2. That Council invite open tenders for the construction of a
   Stormwater trunk drain and associated works from Euston Rd to
   Duck River through the Duck River Parklands adjacent to Oriole
   Park.

070/08       Business and Finance Activity Report for January 2008 (Annexure I)
S-18-08/04       GT:MC

RESOLVED unanimously on the motion of Clr Korbabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


071/08       Investments Report for January 2008
A-05-01/05       AD:MC

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


072/08       Address by Maddocks
L-08-01/05       BC:CH

Mr David Baird and Ms P. Whitford (Senior Associate) addressed the Council and left
the Chamber before the Council debated the report.

Point of Order

During the debate on the matter as above Clr Simms called a point of Order on the
basis that she was of the opinion that Clr Campbell was assuming that the General
Manager was not doing his job.

The Mayor upheld the Point of Order.

Point of Order

During the debate on the matter as above Clr Korabelnikoff called a point of Order on
the basis that he was of the opinion that Clr Campbell was seeking to introduce
business which was not relevant and was not on the Agenda.

The Mayor upheld the Point of Order.
Point of Order

During the debate on the matter as above Clr Simms called a point of Order on the
basis that she was of the opinion that Clr Campbell was seeking to introduce
unrelated material which was not on the Agenda.


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The Mayor upheld the Point of Order.

RESOLVED unanimously on the motion of Clr Simms, seconded Clr
Korbelnikoff that the Council note this report and the address by Mr D. Baird of
Maddocks Lawyers.


073/08       Australian Local      Government       Women’s       Association      2008
             Conference
L-29-07         BC:CH

RESOLVED unanimously on the motion of Clr Michaels, seconded Clr Curtin:

    1.     That the Council note the interest expressed by Councillor Michaels in
           accordance with the Council’s Civic Expenses Policy, in attending the
           Australia Local Government Women’s Association 2008 Conference at
           Brighton Le Sands and approve of the attendance by those
           Councillors.

    2.     That Council meet the Conference fees, travel, accommodation and
           out of pocket expenses in accordance with its Civic Expenses Policy
           for those Councillors who have expressed interest in attending the
           Conference as in 1 above.

    3.     That Council note the requirement in its Civic Expenses Policy for a
           Delegates Report to be provided by attendees at such Conferences.


073A/08      Late Item – Asphalt Supply and Associated Services
W-05-11         DL:MW:TK

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms:

    1. That Council receive and note the ‘Tender Assessment Report’ for the
       Group procurement Tender for ‘Asphalt Supply and Associated
       Services’ (TENDER Reference: WR01-07/08).

    2. That Council accept the offers tendered by the preferred Tenderers
       below for the period up to Contract expiry on 30th June 2010. A further
       potential exists for a 2 x one year option for extension of the Contract:

          a. Sprayed Bituminous Surfacing be awarded to Pioneer Road Services
             Pty Ltd as the primary contractor & Sami Road Services Pty Ltd as
             the secondary contractor.

          b. Bituminous & Cementitious Stabilisation be awarded to Stabilised
             Pavements of Australia Pty Ltd as the primary contractor & Downer
             EDI Works Pty Ltd as the secondary contractor.

          c. Ex-bin supply of Asphalt Products be awarded to Boral Asphalt as
             the primary contractor, Downer EDI Works as the secondary
             contractor and State Asphalt Services Pty Ltd the third contractor.



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          d. Asphalt Works including Mill & Fill works be awarded to State Asphalt
             Services Pty Ltd as the primary contractor & Boral Asphalt as the
             secondary contractor.

          e. Road Restoration Works be awarded to Bernipave Pty Ltd as the
             primary contractor & Asphalt Consulting and Testing (t/a Tropic
             Asphalts) as the secondary contractor.

          f. Provision of Profiling services only be awarded to Downer EDI Works
             Pty Ltd as the primary contractor & Stabilised Pavements of Australia
             Pty Ltd as the secondary contractor.


074/08       Eid Committee
P-24-11

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the minutes of the Eid Committee Meeting held Wednesday, 20
February 2008 be received and the recommendations contained therein,
adopted.


075/08       Delegates Report – WSROC Meeting
T14-19          JB:LB

RESOLVED unanimously on the motion of Clr Campbell, seconded Clr Zraika:


   1. That Council await clarification from the Local Government Association
      and WSROC on the Governments position in respect of Section 94
      Funds and the release of the Cole Inquiry report.

   2. That Council note the action of                WSROC       in   seeking    urgent
      meetings/deputations to the Premier.


076/08       Susan Street Car Park Report
A-44-19 JB

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein be noted.


077/08       Auburn Local Government Area Crime Report 2006
C-37-13         LB:PI

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein be noted.




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078/08       Response by Ministers – Western Sydney Area Assistance Scheme
W-04-01/04      BC:CH

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


079/08       Report on Actions from Council Decisions
C-28-17         BC:PV

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


080/08       Unanswered Questions without Notice
C-28-05         BC:PV

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


081/08       Answers to Questions without Notice

RESOLVED unanimously on the motion of Clr Korabelnikoff, seconded Clr
Simms that the report be received and the information therein noted.


082/08       Questions without Notice


QWN028/08       Outcome of        Conduct     Committee     Considerations      –    Clr
                Korabelnikoff

             Could advice be given of the outcomes from the considerations of the
             conduct committee in relation to a Councillor having defamed Clr
             Korabelnikoff?


QWN029/08       Advice of Functions - Clr Michaels

             Could an investigation be made of the feasibility of including any events
             that Councillors should attend in the Web “Outlook Express” system?


QWN030/08       Provision of Water Jugs - Clr Au

             Could the Council note his appreciation for the provision of water jugs at
             the Council Meeting in lieu of the plastic water bottles?




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QWN031/08      Details of Legal Advisings - Clr Curtin

Clr Curtin requested that the following question be placed on notice:-

           Could a report be given relating to the 25 legal advices which are referred
           to on page 39 of the 2006 / 07 Annual Report, and that report include:

           1. The nature of those advices
           2. Who supplied those advices
           3. The cost of those advices


QWN032/08      Details of Contractors and Consultants - Clr Curtin

Clr Curtin requested that the following question be placed on notice:-

           Could a report be given relating to the break up of costs of contractors
           and Consultants engaged by Council during the year 2006/07. The report
           to include the following advice:

               1. The cost of each Consultancy
               2. The nature of the Consultancy
               3. Who were the Consultants engaged

           Further does the cost of contractors include any casual labour hired by
           Council, and if so what was the cost and who was the agency that
           supplied the casual labour?


QWN033/08      Closed Circuit Television Systems - Clr Zraika

           Could an investigation be made to establish whether or not Council could
           work with the Police Department in an attempt to prevent rubbish dumping
           by utilising the information gathered from closed circuit television footages
           from business areas in the Auburn LGA?


QWN034/08      Provision of Street Lighting - Clr Campbell

Clr Campbell requested that the following question be placed on notice:-

           Could a street light be installed at the dead end extremity of Beemra
           Street next to Auburn Park?


QWN035/08      Provision of External Review Documents - Clr Campbell

Clr Campbell requested that the following question be placed on notice:-

           Could Councillors be provided with a copy the documents related to the
           Independent External Review of Maddocks advices and of all issues
           associated with the Aldi Development Application and the legal advices?




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QWN036/08      Traffic Conditions in Kerr Parade - Clr Cassidy

           Could an investigation be carried out in relation to the parking of motor
           vehicles, in the vicinity of the Sule College in Kerr Parade?


QWN037/08      Odour from Drainage in Queen Street - Clr Lam

           Could an investigation be made into the reports of odours emanating from
           the drainage in Queen Street in the vicinity of the Tavern and the Fire
           Station?




There being no further matters, the meeting closed at: 9.52 pm.




CONFIRMED:
                                                MAYOR




DATE:




THIS IS PAGE NO.13 OF THE ORDINARY MEETING OF COUNCIL HELD MARCH 5, 2008….….…..…….MAYOR

				
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