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Minutes

Ordinary Council Meeting

1 December 2008 7:00PM

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 1 December 2008

 

Minutes

 

 

 

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

 

ALSO PRESENT: General Manager, Executive Manager - Corporate Services, Executive Manager - Environmental Services, Executive Manager – Open Space & Urban Services, Manager – Development Assessment and Chief Executive’s Secretary.

 

The Mayor gave a welcome the Bishop of Harare, Zimbabwe, the Rt Rev Dr Sebastian Bakare, and spoke briefly about some of the problems which were being experienced in Zimbabwe.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rt Rev Dr Sebastian Bakare.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of country.

 

DECLARATIONS OF INTEREST

 

Nil.

 

Procedural Motion

404

RESOLVED on the motion of Councillors Longbottom and Smith that the Closed Committee item be considered at the end of the Council meeting.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

 

SUSPENSION OF STANDING ORDERS

405

RESOLVED on the motion of Councillors Tudge and Smith 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, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

The following people addressed Council:-

 

Don Murchison Innes Road, Lane Cove distributed fliers regarding the ‘Big Walk’ which had been held in 2006.    He urged Council to support a harbour link for the cycleway and additional cycleway links in the Lane Cove area.

 

James McDonnell, Gordon Crescent Lane Cove in support of the Draft Lane Cove Bicycle Plan.

 

Resumption of Standing Orders

406

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

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 17 NOVEMBER 2008

407

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

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

408

RESOLVED on the motion of Councillors Smith and Forrest that the minutes of the Ordinary Council meeting held on the 17 November 2008 be confirmed with the following correction:-

 

The voting on Resolution 393 to be corrected to read:-

 

For the Motion were Councillors, Gaffney, Mcilroy, Tudge, Forrest, and Palmer (Total 5).

Against the Motion was Councillor Smith (Total 1).

Absent:  Councillors Bennison and Brooks-Horn.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Order Of The Day No. 28

SUBJECT: Council and Committee Meeting Dates for 2009

409

RESOLVED on the motion of Councillors Smith and Gaffney that the schedule of Council and Committee Meeting Dates for 2009, attached as AT1, be adopted.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Order Of The Day No. 29

SUBJECT: Certificate of Service for the Mayor, Councillor Ian Longbottom

The Deputy Mayor Councillor Ann Smith presented the Certificate of Service from the LGSA to the Mayor Councillor Ian Longbottom.   The Certificate was in recognition of his contribution to local government in Lane Cove for over 17 years.   

 

410

RESOLVED on the motion of Councillors Palmer and Tudge that the Mayor be thanked for his contribution to local government in Lane Cove over 17 years.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

The Mayor thanked the Council and acknowledged the support he had received from other Councillors over the years.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 76

SUBJECT: Changes to Corporate Planning for NSW Councils

411

RESOLVED on the motion of Councillors Smith and Tudge that Council advise the Department of Local Government that it wishes to nominate for Group 1 for the impending changes to corporate planning for NSW Councils.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 77

SUBJECT: Delegation of Authority During the Christmas Recess

412

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

 

 1.        Subject to the provisions of Section 377 of the Local Government Act, 1993, and points 2 and 3 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess between 15 December 2008 until 2 February 2009, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

 2.        No SEPP No.1 objections be supported without reference to the Ward Councillors in the normal distribution of Councillor’s mail on Thursdays, and the delegation not be exercised until at least the following Tuesday.

 

3.       No Section 96 or Section 82A reviews of development applications in relation to any matter that has been determined by Council or the Planning and Building Committee.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 78

SUBJECT: Federal Government's Regional and Local Community Infrastructure Program

The Mayor thanked the Deputy Mayor Councillor Smith for her attendance at the Forum in Canberra.

 

The Deputy Mayor informed the Council of her participation at the Forum and advised of the Government proposal to hold such a forum on an annual basis.

 

413

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

 

1.   Receive and note the report;

 

2.   Discuss possible projects for the grant funds at the Councillors Workshop to be held on 8 December 2008;

 

3.   Receive a further report detailing suggested projects for the grant funds allocated under the Regional and Local Community Infrastructure Program and any strategic projects for the second component of funding.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Human Services Division Reports

 

Human Services Division Report No. 15

SUBJECT: Lane Cove West Out of School Hours (OOSH) Service and OOSH Service

414

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

 

1.         This report be received and noted.

 

2.         Council confirm with the Department of Education and Training that it agrees to a new operator replacing the Parents & Citizens Association subject to the operator having the capacity to run the OOSH.

 

3.         Council sign a new agreement with the Department of Education and Training reflecting the change of operator.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

ORDER OF THE DAY

 

The Mayor informed Council that he and the Executive Manager Environmental Services had met with the Director General of the Department of Planning regarding the Shell site on Epping Road and the LEP.

 

QUESTION WITHOUT NOTICE

 

Councillor Palmer asked the following Question Without Notice:-

 

Can the General Manager please advise when the disabled toilet at Blackman Park will be completed, given it was paid for last financial year through Ward funds?

 

CONFIDENTIAL ITEMS

 

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:

 

General Managers Report No. 36

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 that the matter pertains to the employment of staff.

 

 

No person made a representation.

 

PROCEDURAL MOTION

 

415

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

                         

1.       Council 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.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee of the Whole. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

General Managers Report No. 36

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 that the General Manager consulted with Council in relation to this senior staff matter.

 

 

All staff returned to the chamber. 

 

PROCEDURAL MOTION

416

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

.

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

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:

 

General Managers Report No. 36

SUBJECT: Senior Staff Matter

417

RESOLVED on the motion of Councillors Tudge and Smith that Council note that the General Manager consulted with Council in relation to this senior staff matter.

 

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Smith, Tudge, Bennison, Forrest, Brooks-Horn and Palmer (Total 9).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 7:52pm.

 

Confirmed at the Ordinary Council Meeting of 15 December 2008, at which meeting the signature herein is subscribed.

 

 

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2