Ordinary Council 17 November 2008
Minutes

PRESENT: Deputy Mayor Councillor A. Smith (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor W. Gaffney, Councillor K. Mcilroy, Councillor P. Palmer and Councillor R. Tudge.

ALSO PRESENT: General Manager, Executive Manager - Environmental Services, Traffic Manager – Open Space & Urban Services, Executive Manager - Human Services, Director Major Projects, Manager Environmental Health and Chief Executive’s Secretary.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Fr Martin Maunsell.

DECLARATIONS OF INTEREST:

Councillor Brooks-Horne declared a non pecuniary Interest in two items in the Corporate Services Division Report No. 71 – Nomination of Community Members to Council Committees, A nominee for the Cultural Advisory Committee is the father of his girlfriend and a nominee for the Sustainability Advisory Committee was his running mate in the Local Government Election 2008. He indicated he would not take part in voting or discussion on the items.

Councillor Brooks-Horn declared a pecuniary interest in Environmental Services Division Report No. 67 – Residential Rainwater Tank Rebate Revision as his parent has a tank which would qualify for a rebate. He indicated he would not take part in voting or discussion on the items.

Councillor Bennison made a further declaration of interest later in the meeting.

ACKNOWLEDGEMENT OF COUNTRY

The Deputy Mayor gave an acknowledgement of Country.

APOLOGIES

Apologies were received on behalf of Councillor I. Longbottom who is attending a conference in Perth.

375

RESOLVED on the motion of Councillors Gaffney and Bennison that the apology be accepted and leave of absence be granted.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8).

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

376

RESOLVED on the motion of Councillors Palmer and Brooks-Horn 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.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8).

Against the Motion was Nil (Total 0).

Ron Gornall from the Bushland and Conservation Society spoke regarding the Bicycle Plan. He expressed concern that in its present form there was a risk that cyclists may damage bushland near Blackman Park, Greenwich Point and Smoothy Park.

Doug Stuart of William Edwards Street, Longueville spoke regarding the Bicycle Plan. He requested that the consultant be available to present the plan prior to it being put on public exhibition. He expressed concern regarding a bicycle track passing through sensitive bushland particularly between Sam Johnson Way and Mars Road.

Frances Vissel of 40 Fraser Street Lane Cove spoke regarding the Bicycle Plan. She expressed concern that where the track would pass through bushland, delicate and rare plant life may be damaged during construction and by use of the track.

Resumption of Standing Orders

377

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Standing Orders be resumed.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8).

Against the Motion was Nil (Total 0).

DECLARATION OF INTEREST

Councillor Bennison declared a non pecuniary interest in items in Corporate Services Division Report No. 71 – Nomination of Community members to Council Committees as he is an ex president of the Lane Cove Chamber of Commerce. He indicated he would not take part in voting or discussion on the items.

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 3 NOVEMBER 2008
378	RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Ordinary Council meeting held on the 3 November 2008 be received.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).
379	RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Ordinary Council meeting held on the 3 November 2008 be confirmed.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Orders Of The Day

Order Of The Day No. 26
SUBJECT: Council and Committee Meeting Schedule - December 2008
380	RESOLVED on the motion of Councillors Bennison and Forrest that 1. The Council and Committee Meeting Schedule for December 2008 be adopted. 2. Council note there is no Inspection Committee Meeting on 29 November 2008.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

order of the day

381

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

1. Councillor Forrest attend the Symposium of the DECC Integrating Sustainability in Local Government on 24 and 25 November 2008.

2. A report be provided to Council.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8).

Against the Motion was Nil (Total 0).

Procedural Motion

382

RESOLVED on the motion of Councillors Smith and Bennison that Open Space and Urban Services Division Report No. 38 – Bicycle Plan be brought forward and considered at this time.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8).

Against the Motion was Nil (Total 0).

Open Space and Urban Services Division Reports

Open Space and Urban Services Division Report No. 38
SUBJECT: Bicycle Plan
383	RESOLVED on the motion of Councillors Smith and Tudge that consideration of the matter be deferred and:- 1. Councillors be supplied with a copy of the Lane Cove Plan of Management for Bushland. 2. A workshop be held on 8 December 2008 to discuss the Bicycle Plan; and 3. The Bicycle Plan be submitted to the Council meeting on 15 December 2008.

	For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Brooks-Horn, Bennison and Forrest (Total 8). Against the Motion was Nil (Total 0).

Notices of Motion

Notice of Motion No. 3
SUBJECT: Container Deposit Legislation
	MOTION A motion was moved by Councillors Forrest and Tudge that:- 1. Lane Cove Council acknowledges the significant environmental, economic and social benefits to ratepayers of adopting a Container Deposit Scheme in NSW. 2. The Mayor to write to the NSW Minister for Environment and Climate Change and the NSW Premier to introduce a Container Deposit Scheme in NSW.
Foreshadowed Motion
	A Foreshadowed Motion was moved by Councillors Smith and Gaffney that the General Manager report to a Council Meeting in December with updated figures on costs to Council before writing to the Premier, Minister for Environment & Climate Change supporting the Container Deposit Scheme.
	The motion was put to the Meeting, and declared equal. For the Motion were Councillors Mcilroy, Tudge, Forrest and Palmer (Total 4). Against the Motion were Councillors Gaffney, Smith, Bennison and Brooks-Horn (Total 4). The Deputy Mayor exercised her casting vote against the motion and declared the motion lost.
384	The Foreshadowed Motion became the motion, was put to the meeting and declared carried.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Corporate Services Division Reports

Corporate Services Division Report No. 69
SUBJECT: 1st Quarter Review of 2008-2011 Management Plan
385	RESOLVED on the motion of Councillors Gaffney and Brooks-Horn that the First Quarter Review of the 2008-2011 Management Plan be received and noted.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 70
SUBJECT: Council's Annual Report 2007-2008
386	RESOLVED on the motion of Councillors Gaffney and Smith that:- 1. Council receive and note the Draft Annual Report for 2007/2008; 2. The Report be forwarded to the Minister for Local Government; and 3. The Report be made available on Council’s website.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Brooks-Horn, Bennison and Forrest (Total 8). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 71
SUBJECT: Nomination of Community Members to Council Committees
Procedural Motion
387	RESOLVED on the motion of Councillors Smith and Gaffney that the items be considered ad seriatim.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).
	Councillor Bennison vacated the chamber and took no part in discussion or voting.
	Motion A Motion was moved by Councillors Palmer and Tudge that:- (a) Philip Burgess, Russ Webber, Barbara Khalifa and Jim Stone be appointed as the community representatives for the Bicycle Working Party.
	Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Smith and Brooks-Horn that:- (a) Philip Burgess, Russ Webber, Barbara Khalifa Jim Stone, James McDonnell, Don Murchison and Josh Blake be appointed as the community representatives for the Bicycle Working Party.
	The motion was put to the Meeting, the motion was declared lost. For the Motion was Councillors Palmer and Tudge (Total 2). Against the Motion were Councillors Gaffney, Mcilroy, Smith, Forrest and Brooks-Horn (Total 5). Absent: Councillor Bennison
	The Foreshadowed Motion became the Motion, was put to the meeting and declared carried.
388	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Forrest, Brooks-Horn and Palmer (Total 7). Against the Motion was Nil (Total 0). Absent: Councillor Bennison.
	Councillor Bennison rejoined the meeting.
389	RESOLVED on the motion of Councillors Smith and Bennison that:- (b) Dr Peter Weston, Dr Lynne McLoughlin and Frances Vissel be appointed as the community representatives for the Bushland Management Advisory Committee. (c) Cassie Thornley, Pat Madson, Lyndall McNally, Shoko Creedy, Jennifer Thurgate, Marie James and Shirin Kanji be appointment as the community representatives for the Cameraygal Festival Committee and the Committee continue to co-opt other members as required. (d) Les Kay, Mary Taylor, Kay Freedman, Reg Hefferan, John Baxter and community organisation representatives Carole Robinson, Amber Figura, Susan Komerak and Marcella Monaco be appointed to the Lane Cove Access Committee. (f) Meryl Horne, Lorraine Lusby and Frances Vissel be appointed as the community representatives for the Lane Cove Social Development Committee.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).
	Councillors Bennison and Brooks-Horn vacated the chamber and took no part in discussion or voting.
390	RESOLVED on the motion of Councillors Smith and Gaffney that:- (e) Chrissie Lloyd and Pamela Fairburn (alternate), Graeme Payne, Davina Best, Ros Tually, Leah Bangma, Dr Anne Power and Elizabeth Scahill be appointed as community representatives for the Lane Cove Cultural Advisory Committee. (g) Wendy Goldstein, Jane Blackmore, Ruth Tregale, Russ Webber and Marc Gold be appointed as the community representatives for the Sustainability Advisory Committee.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge and Palmer (Total 5). Against the Motion was Councillor Forrest (Total 1) Absent: Councillors Bennison and Brooks-Horn Note: Part (e) and (g) of the recommendation was later recommitted.
	Procedural Motion
391	RESOLVED on the motion of Councillors Smith and Gaffney that the resolution in relation to Parts (e) and (g) be recommitted.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Forrest and Palmer (Total 6). Absent: Councillors Bennison and Brooks-Horn.
392	RESOLVED on the motion of Councillors Smith and Gaffney that:- (e) Chrissie Lloyd and Pamela Fairburn (alternate), Graeme Payne, Davina Best, Ros Tually, Leah Bangma, Dr Anne Power and Elizabeth Scahill be appointed as community representatives for the Lane Cove Cultural Advisory Committee.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Forrest and Palmer (Total 6). Against the Motion was Nil (Total 0) Absent: Councillors Bennison and Brooks-Horn
	MOTION A motion was moved by Councillors Smith and Gaffney that :- (g) Wendy Goldstein, Jane Blackmore, Ruth Tregale, Russ Webber and Marc Gold be appointed as the community representatives for the Sustainability Advisory Committee.
	Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Forrest and Tudge that:- (g) Wendy Goldstein, Jane Blackmore, Ruth Tregale and Russ Webber, with one other member be appointed as the community representatives for the Sustainability Advisory Committee.
	The Motion was put to the Meeting was declared lost. For the Motion was Councillors Smith and Gaffney (Total 2). Against the Motion were Councillors Mcilroy, Tudge, Forrest and Palmer (Total 4) Absent: Councillors Bennison and Brooks-Horn.
393	The Foreshadowed Motion became the motion, was put to the meeting and declared carried.
	For the Motion were Councillors Mcilroy, Tudge, Forrest and Palmer (Total 4). Against the Motion were Councillors Gaffney and Smith (Total 2). Absent: Councillors Bennison and Brooks-Horn
	Councillor Bennison rejoined the meeting.
394	RESOLVED on the motion of Councillors Tudge and Smith that Council note the recommended changes to the Constitution of the Lane Cove Cultural Advisory Committee.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, and Palmer (Total 7). Against the Motion was Nil (Total 0). Absent: Councillor Brooks-Horn
	Councillor Brooks-Horn rejoined the meeting.

Procedural Motion

395

RESOLVED on the motion of Councillors Smith and Gaffney that Environmental Services Division Report No. 65 – Waste Strategy 2008 – 2013 for the Lane Cove Local Government Area be brought forward and considered at this time.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Brooks-Horn, Bennison and Forrest (Total 8).

Against the Motion was Nil (Total 0).

Environmental Services Division Report No. 65

SUBJECT: Waste Strategy 2008 - 2013 for the Lane Cove Local Government Area

Suspension of Standing Orders

396

RESOLVED on the motion of Councillors Tudge and Smith that Standing Orders be suspended to permit the consultants Anna Montgomery and David Campbell to address Council.

For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Brooks-Horn, Bennison and Forrest (Total 8).

Against the Motion was Nil (Total 0).

Consultants Anna Montgomery and David Campbell addressed Council in relation to the Waste Strategy.

Resumption of Standing Orders
397	RESOLVED on the motion of Councillors Tudge and Palmer that Standing Orders be resumed.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).
398	RESOLVED on the motion of Councillors Tudge and Bennison that Council adopt the “Waste Strategy 2008 – 2013 for the Lane Cove Local Government Area”, October with the inclusion of: 1. The time frame for reducing plastic bag usage be brought forward to December 2009. 2. Council to develop a political position on Extended Producer Responsibility legislation. 3. Council to develop of a brief fact sheet about the benefits of packaging and current efforts being made across Australia to reduce the environmental impacts of packaging.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

ADJOURNMENT

The Deputy Mayor adjourned the Council meeting at 8:29 and opened the Services and Resources Committee Meeting and adjourned it.

RESUMPTION

The Council meeting resumed at 8:30pm.

Corporate Services Division Report No. 72
SUBJECT: Conduct Review Committee - Appointment of Panel Members
399	RESOLVED on the motion of Councillors Palmer and Bennison that Council endorse the following panel as independent persons for Council’s Conduct Review Committee:- Bronwyn Connolly, Kath Roach, Mitchell Morley, Christopher Shaw, Melissa Gibbs, Steven Blackadder, Ken Davidson, James Marshall, Claire Brogan, Bernard Smith and John Kleem.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 73
SUBJECT: 1st Quarter Review of the 2008 - 2009 Budget
400	RESOLVED on the motion of Councillors Tudge and Mcilroy that the 2008 - 2009 Budget be varied in terms of this report.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Environmental Services Division Reports

Environmental Services Division Report No. 66
SUBJECT: Cities for Climate Protection
401	RESOLVED on the motion of Councillors Tudge and Smith that Council:- 1. Receive and note the report. 2. Nominates the Mayor and Councillors Forrest & Mcilroy as the contact for the Climate Control Protection program.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 8). Against the Motion was Nil (Total 0).

Environmental Services Division Report No. 67
SUBJECT: Residential Rainwater Tank Rebate Revision
Councillor Brooks-Horn vacated the chamber and took no part in discussion or voting.
402	RESOLVED on the motion of Councillors Tudge and Palmer that Council:- 1. Receive and note the report. 2. Endorse the proposed Lane Cove Rainwater Tank Rebate Scheme as detailed in this report. 3. Promote the scheme broadly.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Bennison and Forrest (Total 7). Absent: Councillor Brooks-Horn.

Councillor Brooks-Horn rejoined the meeting.

Environmental Services Division Report No. 68
SUBJECT: Subdivision Policy
403	RESOLVED on the motion of Councillors Tudge and Smith that:- 1. Council adopt the Draft Subdivision Policy attached at AT1 for inclusion in Council’s Policy Manual. 2. Those persons who made submissions be notified of Council’s resolution.
	For the Motion were Councillors Gaffney, Mcilroy, Smith, Palmer, Tudge, Brooks-Horn, Bennison and Forrest (Total 8). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 8:53pm.

Confirmed at the Ordinary Council Meeting of 1^st December 2008, at which meeting the signature herein is subscribed.

DEPUTY MAYOR

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MEETING FILE REF: Document3