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Ordinary Council 2 February 2009
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, Executive Manager - Human Services, Director - Major Projects and Chief Executive’s Secretary.

DECLARATIONS OF INTEREST:

Nil.

OPENING OF MEETING WITH PRAYER:

The meeting was opened with a prayer by Fr Martin Maunsell from St Michaels Catholic Church.

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. 4

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.

No members of the public made representations.

PROCEDURAL MOTION

RESOLVED on the motion of Councillors Smith and Mcilroy 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.

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

General Managers Report No. 4

SUBJECT: Senior Staff Contracts

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

That the information on Senior Staff Contracts be received and noted.

PROCEDURAL MOTION

RESOLVED on the motion of Councillors Smith and Bennison that Council move out of Closed Council and into Open Council.

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

Against the Motion was Nil (Total 0).

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

CONFIDENTIAL ITEMS

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

General Managers Report No. 4
SUBJECT: Senior Staff Contracts
3	RESOLVED on the motion of Councillors Smith and Forrest that the information on Senior Staff Contracts be received and noted.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 DECEMBER 2008
4	RESOLVED on the motion of Councillors Smith and Palmer that the minutes of the Ordinary Council meeting held on the 15 December 2008 be received.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).
5	RESOLVED on the motion of Councillors Smith and Palmer that the minutes of the Ordinary Council meeting held on the 15 December 2008 be confirmed.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Orders Of The Day

Order Of The Day No. 1
SUBJECT: Meeting in the Plaza - 28 February 2009
6	RESOLVED on the motion of Councillors Longbottom and Smith that Councillors Forrest and Palmer attend the “Meeting in the Plaza – Saturday 28 February 2009”.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Order Of The Day
SUBJECT: REQUEST BY COUNCILLOR TUDGE, FOR LEAVE OF ABSENCE FROM THE COUNCIL MEETING ON 16 FEBRUARY 2009
7	RESOLVED on the motion of Councillors Smith and Gaffney that Councillor Tudge be granted leave of absence for the Council meeting to be held 16 February 2009.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

General Managers Reports

General Managers Report No. 1
SUBJECT: Councillor Development Strategy - Councillor Information Seminars
8	RESOLVED on the motion of Councillors Smith and Forrest that Council send a letter to the Department of Local Government with feedback on the Councillor Seminar held on 22 October 2008 at Chatswood.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

General Managers Report No. 2
SUBJECT: Lane Cove Market Square Status Report
9	RESOLVED on the motion of Councillors Smith and Brooks-Horn that Council receive and note the Lane Cove Market Square Status Report.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Reports

Corporate Services Division Report No. 2
SUBJECT: De-corporatisation of NSW Councils and Temporary Appointments
10	RESOLVED on the motion of Councillors Tudge and Bennison that the Report be received and noted.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 3
SUBJECT: Delegation of Authority to the General Manager
11	RESOLVED on the motion of Councillors Tudge and Smith that Council confirm its delegations to the General Manager, viz:- “That the Council pursuant to the powers of delegation conferred to it by Section 377 and Section 381 of the NSW Local Government Act, 1993, and pursuant to every other power it hereunto enabling, Lane Cove Council, hereby delegates to the holder for the time being of the office of General Manager the power to exercise all the functions, powers, duties and authorities conferred upon the Council pursuant to:- 1 The NSW Local Government Act, 1993; and 2 The Environmental Planning & Assessment Act, 1979; and 3 All other Acts, whatsoever under which Council has functions, powers, duties and authorities; and 4 All regulations, by-laws, rules and the like made by, or under any other Act referred to in 1, 2, or 3 above. Always subject to any resolution made from time to time by the said Council and provided that such delegation of powers shall not and shall not be deemed to be extended to: 1 Any of the matters expressly reserved to the Council in Section 377 of the Local Government Act, 1993; and 2 The alteration of the meeting cycle of Council; and 3 The overview and direction of business activities; and 4 The role of the Mayor as provided for and determined under Section 226 of the Local Government Act 1993; and 5 Major unique items where no policy, practice or code of the Council exists; and 6 Adoption of local environmental plans, development control plans and Section 94 contribution plans pursuant to the Environmental Planning Assessment Act 1979; and 7 Adoption of Council policies and codes; and 8 Items in respect of which the Mayor or a Councillor has specifically requested the General Manager, in writing, to place before Council for determination by Council; and 9 Items in respect of which Council has specifically resolved that they be placed before Council.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Open Space and Urban Services Division Reports

Open Space and Urban Services Division Report No. 2
SUBJECT: Delegation to Councils for the Regulation of Traffic
12	RESOLVED on the motion of Councillors Smith and Bennison that the report be received and noted.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

Environmental Services Division Reports

Environmental Services Division Report No. 1
SUBJECT: Delegated Authority Report - December 2008
13	RESOLVED on the motion of Councillors Gaffney and Palmer that the report be received and noted.
	For the Motion were Councillors Gaffney, Longbottom, Smith, Tudge, Bennison, Forrest, Brooks-Horn, Palmer and Mcilroy (Total 9). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 7:30pm.

Confirmed at the Ordinary Council Meeting of 16 February 2009, at which meeting the signature herein is subscribed.

MAYOR

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MEETING FILE REF: Document2