Ordinary Council 1
December 2008
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Minutes
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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
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404
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RESOLVED on the motion of Councillors Longbottom and Smith
that the Closed Committee item be considered at the end of the Council
meeting.
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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).
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SUSPENSION
OF STANDING ORDERS
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405
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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.
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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).
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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
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406
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RESOLVED on the motion of
Councillors Smith and Brooks-Horn that Standing Orders be resumed.
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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).
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CONFIRMATION OF MINUTES OF
ORDINARY COUNCIL MEETING - 17 NOVEMBER 2008
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407
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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.
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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).
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408
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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.
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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).
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Orders Of The Day
Order Of The Day No.
28
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SUBJECT: Council and Committee Meeting Dates for 2009
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409
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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.
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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).
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Order Of The Day No.
29
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SUBJECT: Certificate of Service for the Mayor,
Councillor Ian Longbottom
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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.
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410
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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.
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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).
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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
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SUBJECT: Changes to Corporate Planning for NSW
Councils
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411
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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.
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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).
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Corporate Services
Division Report No. 77
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SUBJECT: Delegation of Authority During the Christmas
Recess
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412
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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.
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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).
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Corporate Services
Division Report No. 78
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SUBJECT: Federal Government's Regional and Local
Community Infrastructure Program
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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.
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413
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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.
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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).
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Human Services Division Reports
Human Services
Division Report No. 15
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SUBJECT: Lane Cove West Out of School Hours (OOSH)
Service and OOSH Service
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414
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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.
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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).
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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
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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.
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No person made a representation.
PROCEDURAL MOTION
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415
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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.
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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).
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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
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SUBJECT: Senior Staff Matter
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All staff,
with the exception of the General Manager vacated the chamber.
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RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE
That Council
note that the General Manager consulted with Council in relation to this
senior staff matter.
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All staff
returned to the chamber.
PROCEDURAL MOTION
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416
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RESOLVED on the motion of Councillors Smith and
Gaffney that Council move out of Closed Council and into open
Council.
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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).
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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
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SUBJECT: Senior Staff Matter
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417
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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.
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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).
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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