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Minutes

Ordinary Council Meeting

7 April 2008 6:45pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 April 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), 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: General Manager, Executive Manager - Corporate Services, Executive Manager - Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Senior Town Planner, Director Major Projects, Manager, Special Projects and Chief Executive Secretary.

 

 

DECLARATIONS OF INTEREST:

 

Councillor Freedman declared a non pecuniary interest in Human Services Division Report No. 5 – 2007 Lane Cove Citizenship Awards to Closed Committee of Council.

 

OPENING OF MEETING WITH PRAYER:

 

The meeting was opened with a prayer by Rev. Gerry Duncan from Lane Cove Uniting Church.

 

Rev. Duncan informed the Council of the death of the mother of Rev Jane Fry from Chatswood South Uniting Church.

 

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:

 

Human Services Division Report No. 5

SUBJECT: 2007 Lane Cove Citizenship Awards

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 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.

 

 

General Managers Report No. 7

SUBJECT: Senior Staff Matter

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 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 matter pertains to the employment of staff.

 

 

Corporate Services Division Report No. 18

SUBJECT: Tender for Audit Services

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 the tenders contain pricing and other commercially sensitive information which is the intellectual property of each tenderer.

 

 

General Managers Report No. 8

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a DA

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.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

78

RESOLVED on the motion of Councillors Smith and Teirney 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 6:48 pm. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

General Managers Report No. 7

SUBJECT: Senior Staff Matter

All staff, with the exception of the General Manager, vacated the chamber.

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council note the General Manager consulted with Council in relation to this senior staff matter and strongly support the General Manager’s decision.

 

 

All staff returned to the chamber.

 

Human Services Division Report No. 5

SUBJECT: 2007 Lane Cove Citizenship Awards

 

Councillor Freedman vacated the chamber and took no part in discussion or voting.

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:-

 

1.         The list of Lane Cove 2007 Citizenship Awards and Honourable Mentions, as             recommended by the Selection Committee, be endorsed.

 

2.         The recommendation for “Special Awards for Contribution and Commitment to the Citizens of Lane Cove” be endorsed.

 

3.         Plaques be made for the Awards and the Common Seal of Council be affixed to the             Honourable Mention Certificates.

 

 

Councillor Freedman rejoined the meeting.

 

General Managers Report No. 8

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a DA

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That the matter be deferred until the Council Meeting of 21 April 2008 to allow a sub committee, comprising Councillors Freedman, Lawson, Smith, Longbottom and D’Amico to meet at 8am on Monday 14 April 2008, with the Tender Panel Members to review the tenders in more detail.

 

 

 

Corporate Services Division Report No. 18

SUBJECT: Tender for Audit Services

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That PriceWaterhouseCoopers be offered appointment as Council’s auditors for the period 1 July 2007 to 30 June 2013. 

 

 

 

PROCEDURAL MOTION

79

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council move out of Closed Council and into open Council.

 

The Mayor declared the motion carried unanimously.

 

The Mayor gave an acknowledgement of Country.

 

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:

 

 

 

Human Services Division Report No. 5

SUBJECT: 2007 Lane Cove Citizenship Awards

 

Councillor Freedman vacated the chamber and took no part in discussion or voting.

 

80

RESOLVED on the motion of Councillors Smith and Gaffney that:-

 

1.         The list of Lane Cove 2007 Citizenship Awards and Honourable Mentions, as             recommended by the Selection Committee, be endorsed.

 

2.         That the recommendation for “Special Awards for Contribution and Commitment to the Citizens of Lane Cove” be endorsed.

 

3.         Plaques be made for the Awards and the Common Seal of Council be affixed to the             Honourable Mention Certificates.

 

 

The Mayor declared the motion carried unanimously.

 

Councillor Freedman rejoined the meeting.

 

General Managers Report No. 7

SUBJECT: Senior Staff Matter

 

81

RESOLVED on the motion of Councillors Gaffney and Tudge that Council note the General Manager consulted with Council in relation to this senior staff matter and strongly support the General Manager’s decision.

 

The motion was carried unanimously.

 

Corporate Services Division Report No. 18

SUBJECT: Tender for Audit Services

 

82

RESOLVED on the motion of Councillors Tudge and Gaffney that PriceWaterhouseCoopers be offered appointment as Council’s auditors for the period 1 July 2007 to 30 June 2013.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 8

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a DA

 

83

RESOLVED on the motion of Councillors Smith and Gaffney that: the matter be deferred until the Council Meeting of 21 April 2008 to allow a sub committee, comprising Councillors Freedman, Lawson, Smith, Longbottom and D’Amico to meet at 8am on Monday 14 April 2008, with the Tender Panel Members to review the tenders in more detail.

 

 

The Mayor declared the motion carried unanimously.

 

  SUSPENSION OF STANDING ORDERS

84

RESOLVED on the motion of Councillors Tudge and Gaffney that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following people addressed Council:-

 

Nick Nicholas – Demographer, of Karilla Avenue Lane Cove regarding the demographics of Lane Cove North and the Draft LEP.

 

Margaret Komarek of Kyong Street Lane Cove gave an update on data regarding traffic issues in Parklands Avenue and the Draft LEP.

 

Lorraine Toms of 22 Parklands Avenue Lane Cove regarding rezoning of Parklands Avenue area and the Draft LEP.

 

Carolyn Pitorino of 29 Parklands Avenue Lane Cove regarding rezoning of Parklands Avenue area and the Draft LEP.

 

Gemma Rooney of 18 Bellevue Avenue Greenwich requesting rezoning of Bellevue Avenue area and the Draft LEP.

 

Jim Kennard of 16 Bellevue Avenue Greenwich requesting rezoning of Bellevue Avenue area and the Draft LEP.

 

Karin Wiese of 25 Kara Street, Lane Cove regarding current zoning of Kara Street and the proposed rezoning of Kara Street in the Draft LEP.

 

Stephen Rabone of 5 Johnston Crescent Lane Cove regarding rear lane access over Council land to properties in Johnston Crescent.

 

Resumption of Standing Orders

85

RESOLVED on the motion of Councillors Teirney and Gaffney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

ORDERS OF THE DAY

 

Order Of The Day No. 10

SUBJECT: Meeting in the Plaza - Saturday 26 April 2008

86

RESOLVED on the motion of Councillors Smith and Teirney that there be no meeting in April, 2008.

 

 

The Mayor declared the motion carried unanimously.

 

ORDER OF THE DAY

The Mayor tabled a petition regarding advertising on Kingsford Smith Oval.

 

87

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

 

1.         A report be submitted to Council regarding advertising on Kingsford Smith Oval.

 

2.         The head petitioner be notified of Council’s resolution.

 

The Mayor declared the motion carried unanimously.

 

Councillor Teirney thanked Council for arranging her attendance at a recent conference and indicated she would supply Councillors with notes from the conference.

 

Councillor Hassarati vacated the chamber at 7:54pm and rejoined the meeting at 7:55pm.

 

order of the day

 

Councillor Freedman raised the following issues under Orders of the Day:-

 

1.      The lack of pedestrian access on Kenneth Street footpath.

 

2.      Sydney Water’s barricades which had been placed in Kenneth Street causing a blockage to Kenneth Avenue near Woodford Street.

 

1.            Requesting information regarding the effect of Climate Change and what information Council is including in S149 Certificates with regard to that issue.

 

2.            Requesting Council consent to her attendance at a LGA workshop to be held at North Sydney Council on Climate Change.

 

3.            Requesting Council contact North Sydney Council regarding time limited parking restrictions near Wollstonecraft and Waverton railway stations in the North Sydney Council area.

 

 

The Mayor advised all above matters could be dealt with administratively.

 

order of the day

88

RESOLVED on the motion of Councillors Tudge and Smith that Council write to the Rev Jane Fry expressing condolences on the death of her mother.

 

The Mayor declared the motion carried unanimously.

 

Councillor Longbottom vacated the chair and left the chamber at 8:01pm.

 

The Deputy Mayor, Councillor Gaffney took the chair.

 

order of the day

 

Councillor Teirney advised that she had observed that the drivers of Sydney Buses on Route 536 are providing outstandingly respectful and competent service to their passengers.    She had observed that they offer help to any passengers perceived to be experiencing any difficulty in accessing the bus, such as offering help with heavy items, walking frames etc.   The drivers carefully wait for people to be seated before moving, as well as in most instances, complying with the all important published schedules.

 

89

RESOLVED on the motion of Councillors Teirney and Smith that Council write to Sydney Buses Ryde Depot stating, on behalf of Lane Cove residents, that Council is appreciative of the service provided by STA drivers on the 536 bus route between Gladesville and Chatswood via Lane Cove.

 

The Deputy Mayor declared the motion carried unanimously.

Absent: Councillor Longbottom.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 MARCH 2008

90

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 17 March 2008 be received.

 

The Deputy Mayor declared the motion carried unanimously.

Absent: Councillor Longbottom.

 

91

RESOLVED on the motion of Councillors Smith and Hassarati that the minutes of the Ordinary Council meeting held on the 17 March 2008 be confirmed.

 

The Deputy Mayor declared the motion carried unanimously.

Absent: Councillor Longbottom.

 

The Mayor, Councillor Longbottom rejoined the meeting at 8:03pm and took the chair.

 

ADJOURNMENT:

 

The Mayor adjourned the meeting at 8:03pm.

 

The Mayor opened the Planning & Building and the Services & Resources Committees Meetings at 8:04pm and adjourned them.

 

RESUMPTION:

 

The meeting resumed at 8:05pm.

 

Procedural Motion

92

RESOLVED on the motion of Councillors Longbottom and Gaffney that Open Space & Urban Services Division Report No. 10 – Private Use of Public Land, be brought forward and dealt with at this time.

 

The Mayor declared the motion carried unanimously.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 10

SUBJECT: Private Use of Public Land

93

RESOLVED on the motion of Councillors Longbottom and Smith that Council proceed with the Lower Stringybark Creek Erosion Stabilisation Works as detailed in the draft plan by Storm Consulting, dated 14 March 2008 subject to further consultation with Sydney Water regarding their access requirements and that all access be in accordance with Council policy.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 9

SUBJECT: Lane Cove Market Square Status Report

94

RESOLVED on the motion of Councillors Lawson and Smith that:-

 

1.      Council receive and note the Lane Cove Market Square Status Report.

 

2.      A report be prepared for the next Council Meeting regarding conditions 144 & 145 of the  Development Consent for the site and the implementation thereof.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Report No. 11

SUBJECT: Launch of Hands off Councils Website

95

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

 

1.         Receive and note the report;

 

2.         Target the completion of at least 500 petitions from community members by:-

 

a.         Informing community groups and associations of the launch of the website and in particular encourage completion of  the petition once the website is officially launched; and

b.         have copies of the petition available at Council’s Customer Counter; and

 

3.                  Install a link to the  www.handsoffcouncils.org website from Council’s website.

 

4.         Write to the Minister for Planning requesting that NSW Councils be given an extension of time to prepare and lodge their comments.

 

 

The mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 20

SUBJECT: Request for Contributions - Local Government & Shires Association

96

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

 

1.   Council contribute to the Local Government & Shires Associations request for: -

 

      a.         Planning Reforms Media Campaign - $704.45.

      b.         Gosford City Council Legal Expenses - $2,570.54

 

2.      Council advise the Local Government & Shires Associations that Council requires notification of the possible requests for assistance with legal costs at the earliest time possible.

 

3.      A report be prepared for Council regarding a policy dealing with requests for financial assistance in relation to local government issues.

 

 

The Mayor declared the motion carried unanimously.

 

Matter Arising

97

RESOLVED on the motion of Councillors Freedman and Tudge that in view of the Gosford case the Lane Cove Council Tree Preservation & Prosecution Procedures be reviewed.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 22

SUBJECT: Passive Smoking Policy

98

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

 

1.         Rescind Part 2 of its resolution of 9 May, 2007, viz

 

“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;”

           

2.         Adopt and implement the Passive Smoking Policy dated 14 February 2007, as amended by Council’s resolution of 19 February, 2007 (and included as Attachment 1 to this report), and include the Policy in Council’s Policy Register.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 24

SUBJECT: Earth Hour 2008

99

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

 

1.   Receive and note the report;

 

2.   Continue its support for the Earth Hour event in 2009.

 

 

The Mayor declared the motion carried unanimously.

 

CLOSE

 

The meeting closed at 8:47pm.

 

Confirmed at the Ordinary Council Meeting of 21 April 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2