Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
7 May 2007
LOCATION:
Council Chambers
TIME:
7:03   PM

All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au

 


PRESENT:

 

Councillor I. Longbottom (Chair), Councillor R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney, Councillor J. Hassarati, Councillor T. Lawson, Councillor A. Smith, Councillor F. Teirney and Councillor R. Tudge.

 

ALSO PRESENT:

 

The General Manager,  Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Executive Manager – Corporate Services and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Nil.

 

OPENING OF MEETING WITH PRAYER:

 

The meeting was opened with a prayer by Rev. Roger Kay.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 APRIL 2007

81

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 16 April 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

82

RESOLVED on the motion of Councillors Smith and Gaffney that that the minutes of the Ordinary Council meeting held on the 16 April 2007 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 13

SUBJECT: Meeting in the Plaza - Saturday 26 May 2007

83

RESOLVED on the motion of Councillors Longbottom and Teirney that Councillors Tudge and Freedman (if available) attend the Meeting in the Plaza to be held Saturday 26th May 2007.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 18

SUBJECT: Goods and Services Tax Certificate of Compliance

84

RESOLVED on the motion of Councillors Tudge and Smith that a Certificate of Compliance for Council’s GST obligations be signed by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer for the period 1 May 2006 to 30 April 2007.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 21

SUBJECT: Review of Ward Boundaries - Results of Consultation

 

MOTION

 

A motion was moved by Councillors Hassarati and D'Amico that Council:-

 

1.       Receive and note the report;

 

2.       Proceed with the proposed change to the boundary between East Ward and Central           Ward, by moving Census Collector District 1381707 from Central Ward to East Ward;

 

3.      Proceed with the feedback process outlined in the report and advise the Electoral Commissioner for New South Wales and the Australian Statistician of Council’s decision.

 

Procedural Motion

85

RESOLVED on the motion of Councillors Teirney and Longbottom that Councillor Freedman be granted an extension of time to speak against the motion.

 

The Mayor declared the motion carried unanimously.

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Freedman and Tudge that, given the level of comment made about the problems of moving Northwood into East Ward and considering that it is a separated  area and looking at Council’s Draft LEP there could be a lot more resident numbers coming into East Ward in the future, Council write to the Electoral Commissioner for New South Wales requesting permission be given to Council to review the situation and the numbers of residents in each ward after the next Council election.

 

86      Upon being put to the Meeting, the motion was declared carried.

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Lawson, Longbottom and Smith (Total 6).

Against the Motion were Councillors Freedman, Teirney and Tudge (Total 3).

 

The Foreshadowed Motion lapsed.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 14

SUBJECT: Street Lighting Improvement Program - Update

87

RESOLVED on the motion of Councillors Tudge and Smith that Council receive and note the Street Light Improvement Program Update report.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 318

SUBJECT: 8 Cobden Avenue, Lane Cove

88

RESOLVED on the motion of Councillors Tudge and Smith that the correspondence dated 7 May 2007 from Archiworks Architects Pty Ltd regarding DA 367/2006 be received and noted.

 

Councillor Teirney vacated the chamber at 7:40pm and rejoined the meeting at 7:41pm.

89

RESOLVED on the motion of Councillors Freedman and Longbottom that Council defer consideration of the report and delegate authority to the General Manager to undertake consultation with the applicant and neighbours and then return the matter to Council for determination.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 8

SUBJECT: Comparison of Privately Certified and Council approved Construction Certificates

90

RESOLVED on the motion of Councillors Tudge and Gaffney that:

 

1.        The report be received and noted.

 

2.           A further report be prepared on complaints received by Council concerning private certifiers.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 9

SUBJECT: Passive Smoking Policy

A Petition was tabled and considered along with this matter.

91

RESOLVED on the motion of Councillors Smith and D'Amico that Council:-

 

1.    Receive and note the report;

 

2.    Adopt and implement the Passive Smoking Policy dated 14 February 2007 within Council owned grounds and buildings (excluding licensed premises) and include the Policy in Council’s Policy Register;

 

3.        Notify the Head Petitioner of Council’s decision.

 

 

Upon being put to the Meeting, the motion was declared carried.

 

For the motion were Councillors D'Amico, Freedman, Gaffney, Lawson, Longbottom, Smith, Teirney and Tudge (Total 8).

Against the motion was Councillor Hassarati (Total 1).

  

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Confidential Items

 

Open Space and Urban Services Division Report No. 15

SUBJECT: Requested Purchase of Lot 114 of DP 9653 - Being Council's Drainage Reserve between Centennial Avenue and Hallam Avenue, Lane Cove West

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and  the report contains discussion of the proposed purchase of land.

 

General Managers Report No. 10

SUBJECT: Senior Staff Contracts

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and the report discusses contract conditions of members of staff.

 

 

Open Space and Urban Services Division Report No. 7

SUBJECT: Survey of Stormwater Drainage Network for the Lane Cove Local Government Area

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and  that the report contains discussion of commercial information disclosed in the tender process by companies.

 

 

No members of the public made representations.

 

Procedural MOTION

92

RESOLVED on the motion  of Councillors Teirney and Smith that Council:-

                    

1.       Resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

           

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

           

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

The Mayor declared the motion carried unanimously.

 

Council moved into Closed Committee of the Whole at 7:59 pm. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

PROCEDURAL MOTION

93

RESOLVED on the motion of Councillors Smith and Teirney that Council move out of Closed Council and into open Council.

 

The Mayor declared the motion carried unanimously.

 

Confidential Items

 

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager, prior to being adopted:

 

 

Open Space and Urban Services Division Report No. 15

SUBJECT: Requested Purchase of Lot 114 of DP 9653 - Being Council's Drainage Reserve between Centennial Avenue and Hallam Avenue, Lane Cove West

 

94

 RESOLVED on the motion of Councillors Hassarati and D’Amico that Council:-

 

1.         Authorise the General Manager to write to the owners of 22 & 24 Hallam Avenue and 87 & 89 Centennial Avenue with a view to selling the Drainage Reserve, being Lot 114 of DP 9653, as two new lots and accompanying land title covenants for stormwater.

 

2.         Authorise the General Manager to:-

 

(a)        Seek an independent valuation of the land;

 

(b)        Endorse the General Manager to commence negotiations with the owners of 22 & 24 Hallam Avenue and 87 & 89 Centennial Avenue regarding the sale of Lot 114 of DP 9653 in two (2) parts.

 

(c)        Report back to Council prior to any finalisation of same.

 

 

 

General Managers Report No. 10

SUBJECT: Senior Staff Contracts

95

RESOLVED on the motion of Councillors Tudge and D’Amico that the information on Senior Staff Contracts be received and noted.

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Report No. 7

SUBJECT: Survey of Stormwater Drainage Network for the Lane Cove Local Government Area

 

96

RESOLVED on the motion of Councillors Tudge and Smith that Council:-

 

1.         Accept the tender submitted by AWT Survey Pty Ltd for the Survey of Stormwater Drainage Network for the Lane Cove Local Government Area; and

 

2.         Authorise the General Manager to enter into a contract with AWT Survey Pty Ltd.

 

The Mayor declared the motion carried unanimously.

 

CLOSE

 

The meeting closed at 8:15pm.

 

Confirmed at the Ordinary Council Meeting of 21 May 2007, at which meeting the signature herein is subscribed.

 

 

 

 

MAYOR

 

 

********* END OF MINUTES *********

 

MEETING FILE REF:  Document2