m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

4 May 2009 6:35 pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 4 May 2009

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom (Chair), 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, Manager – Development Assessment, Director Major Projects and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Smith declared a non pecuniary interest in Corporate Services Division Report No. 20 – Tender for Greenwich Baths to Closed Committee of Council as one of the tenderers is a member of the Rotary Club of Lane Cove of which she is also a member.    She indicated that she would debate and vote on the matter.

 

Councillor Longbottom declared a non pecuniary interest in Corporate Services Division Report No. 20 – Tender for Greenwich Baths to Closed Committee of Council as one of the tenderers is a member of the Rotary Club of Lane Cove of which he is also a member.    He indicated that he would debate and vote on the matter.

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor S. Bennison.

108

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

 

 

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

Against the Motion was Nil (Total 0).

 

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:

 

Corporate Services Division Report No. 20

SUBJECT: Tender for Greenwich Baths

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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 Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

Some information provided to council by tenderers is provided on the basis that council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to council’s decision.

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

109

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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 Smith, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 8).

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.

 

Corporate Services Division Report No. 20

SUBJECT: Tender for Greenwich Baths

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as discussed in Closed Committee of Council.

 

PROCEDURAL MOTION

110

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

 

 

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

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:-

 

Corporate Services Division Report No. 20

SUBJECT: Tender for Greenwich Baths

111

RESOLVED on the motion of Councillors Smith and Gaffney that Council proceed as discussed in Closed Committee of Council.

 

 

For the Motion were Councillors Smith, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Palmer (Total 7).

Against the Motion was Councillor Tudge (Total 1).

   

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by the General Manager.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

112

RESOLVED on the motion of Councillors Smith 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 Smith, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

The following persons addressed Council:-

 

David Southwood 17 Mitchell Street Greenwich was critical of the criteria in the tender document for the management of the Greenwich Baths.

 

Dr Ray Kearney Alder Avenue Lane Cove regarding the Bicycle Plan.   He was opposed to the link from Banksia Close to Sam Johnson Way and stated that the route to Lane Cove West Public School would be unsafe for younger children.   He opposed Recommendation 1a and strongly supported Recommendation 1b.

 

Margaret Radford Huxtable Avenue Lane Cove complimented Council on the ANZAC Day Service and supported Council’s decision regarding the Woolworths façade.

 

Doug Stuart William Edward Street Longueville regarding the Bicycle Plan requested that the sign at the corner of Dettman Avenue and Stuart Street be removed and the dead end at Kuringal Street Riverview.    He opposed a marked bicycle route through the Plaza.

 

Maria Williams 120 Burns Bay Road Lane Cove supporting the amended Bicycle Plan.

 

Peter Weston Chair Bushland Management Advisory Committee regarding the Bicycle Plan requested the Bushland Management Plan be noted.   He claimed that the route in St Giles Avenue is redundant.

 

Ann Horne Secretary Lane Cove Sustainability Action Group seeking a representative of that Group on the Lane Cove Sustainability Advisory Committee.

 

Terry Jones Bellevue Avenue Greenwich commenting on the Council debate at its meeting on 20 April regarding the Woolworths façade.

 

Frances Vissel 14 Fraser Street Lane Cove in support of the Bicycle Plan with comment on Centennial Avenue North and in support of Recommendation 1b.   She was in support of a member of the Sustainability Group to also be a member of the Lane Cove Sustainability Advisory Committee.

 

Ian Mellor Albert Street Greenwich in support of the Bicycle Plan.

 

David Lloyd 15 Hinkler Street Greenwich in support of the Bicycle Plan and of Recommendation 1b.  

 

Resumption of Standing Orders

113

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

 

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

114

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the following items be brought forward and dealt with at this time:-

 

Open Space & Urban Services Division Report No. 18 – Lane Cove Draft Bicycle Plan.

Environmental Services Division Report No. 10 – Sustainability Advisory Committee – Nomination for 1 Community & 1 Youth Member.

 

And that:-

Corporate Services Division Report No. 23 Draft Budget and Management Plan 2009/2012 and

Corporate Services Division Report No. 25 – Further Report - Draft Budget and Management Plan 2009/2012 be considered as the last items on the Agenda.

 

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 18

SUBJECT: Lane Cove Draft Bicycle Plan

115

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

 

1.  The Lane Cove Bicycle Plan, to be dated May 2009, be approved by Council with the following changes  to the draft Lane Cove Bicycle Plan, dated April 2009:-

 

a.    That the Moore Street Reserve option be deleted and an alternative on road bicycle route be provided between Lloyd Rees Drive and Sam Johnson Way, along Woods Street, Banksia Close, Cullen Street and Moore Street.

 

b.      The deletion of the existing bicycle routes on Dettmann Avenue and Karingal Road that lead to Warraroon Reserve.

 

c.      The altered routes in Longueville and Riverview be redirected to form a circular route.

 

d.      The removal of bicycle signage at the corner of Dettman Avenue & Stuart Street and at Karingal Road.

 

e.      A more explicit statement regarding the Bushland Management Plan be included.

 

2.  That Council write to, and thank, all of the stakeholders and individuals who provided submissions on the draft Lane Cove Bicycle Plan, dated April 2009.

 

3.  That funding be sought from various sources for the staged implementation of the Lane Cove   Bicycle Plan, dated May 2009, over the next 10 years.

 

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

116

RESOLVED on the motion of Councillors Forrest and Smith that Councillors be advised regarding the pathway at the end of Greendale Street and associated bushland.

 

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

Against the Motion was Nil (Total 0).

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 10

SUBJECT: Sustainability Advisory Committee - Nomination for 1 Community & 1 Youth Member

117

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Council endorse the following individuals for membership to the Sustainability Advisory   Committee:-

·     Geoff Vines – Community Representative

·     Anthea Katelaris – Youth Representative.

 

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

118

RESOLVED on the motion of Councillors Smith and Forrest that the Charter of the Sustainability Advisory Committee be reviewed with the possibility of including designated representatives from the Sustainability Action Group and the Permaculture North Group.

 

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 APRIL 2009

119

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 20 April 2009 be received.

 

 

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

Against the Motion was Nil (Total 0).

 

120

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 20 April 2009 be confirmed.

 

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Order Of The Day No. 7

SUBJECT: Public Libraries NSW – Country (PLC) Symposium

121

RESOLVED on the motion of Councillors Smith and Tudge that Council endorse attendance at the Public Libraries NSW – Country Association Symposium, “Looking Forward to Looking Back”, to be held at Parkes 24 to 26 June 2009 by Councillor Win Gaffney and Manager Library Services.

 

 

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

Against the Motion was Nil (Total 0).

 

General Managers Reports

 

General Managers Report No. 10

SUBJECT: Woolworths Lane Cove Market Square Status Report

122

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the Woolworths Lane Cove Market Square Status Report be received and noted.

 

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 21

SUBJECT: Goods and Services Tax Certificate of Compliance

123

RESOLVED on the motion of Councillors Tudge and Smith that a Certificate of Compliance for Council’s GST obligations be signed by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer for the period 1 May 2008 to 30 April 2009.

 

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 22

SUBJECT: Golf Course Advisory Committee Nominations for Community Members

 

MOTION

 

A motion was moved by Councillors Smith and Brooks-Horn that Council:-

 

1.   Appoint Michael Neville as community representative for the Golf Course Advisory Committee.

 

2.   Advise nominees of the outcome of the nomination process and thank the unsuccessful nominee for their interest in the position.

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Palmer and Tudge that Council:-

 

1.   Appoint Geoff Vines as community representative for the Golf Course Advisory Committee.

 

2.   Advise nominees of the outcome of the nomination process and thank the unsuccessful nominee for their interest in the position.

 

 

Upon being put to the Meeting the voting on the motion was declared equal.

 

For the Motion were Councillors Smith, Brooks-Horn, Gaffney and Longbottom (Total 4).

Against the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

 

124

The motion was declared carried on the casting vote of the Mayor.

 

 

The Foreshadowed Motion lapsed.

 

ADJOURNMENT:

 

The Council meeting was adjourned at 8:18pm.

 

The Mayor opened the Planning & Building Committee and the Services & Resources Committee meetings at 8:19 and adjourned them.

 

RESUMPTION:

 

The Council meeting resumed at 8:20pm.

 

Corporate Services Division Report No. 24

SUBJECT: Local Government Superannuation Contribution Scheme

125

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

 

1.   The report be received and noted; and

 

2.   Council write in strong terms to the LGSA calling for the board of the LGSS to be filled on a merit basis and requesting further information as to the exact financial position of the fund. 

 

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 19

SUBJECT: Flying Fox at Burns Bay Reserve

126

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

 

1.         Based on the local community response, increased costs to manage locking/unlocking the equipment and possible continuation of adverse night-time behaviour in Burns Bay Reserve, the Flying Fox remain open at all times.

 

2.         Council organise a meeting with interested local residents, the NSW Police and Council staff, to investigate options for mitigating the adverse night-time adolescent behaviour in Burns Bay Reserve.

 

3.         The residents of Kooyong Road be notified of Council’s decision.

 

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

127

RESOLVED on the motion of Councillors Tudge and Forrest that the Late Items be received and considered.

 

 

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

Against the Motion was Nil (Total 0).

 

Petitions

 

Petition No. 22

SUBJECT: Petition for Additional Seating at York's Corner

128

RESOLVED on the motion of Councillors Forrest and Brooks-Horn that that Council proceed with the York’s Corner Shopping Centre Improvements and hold discussions with the shop proprietors regarding the three options for additional seating, including a table for outside the Riverview Deli.

 

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 23

SUBJECT: Draft Budget and Management Plan 2009/2012    in conjunction with

COROPORATE SERVICES DIVISION REPORT NO. 25

subject : further report – draft budgets & management plan 2009/2012

129

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

 

1.         Council adopt for the purpose of public exhibition, the Draft Budget for the year to 30 June 2009 to 2012, Draft Management Plan for 2009 to 2012 and Draft Fees and Charges 2009/10; subject to the amendments outlined in the further report and correcting typographical errors identified by Councillors.

 

2.         Council proceed to public exhibition as per the consultation strategy outlined in the report;

 

3.                  Following public exhibition, the Draft Management Plan, Draft Budget and Draft Fees and Charges together with any submissions received, be considered at the Council meeting to be held on 15 June 2009.

 

4.                  The Staff be thanked for their efforts in preparing the budget in difficult financial times.

 

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 8:59pm.

 

Confirmed at the Ordinary Council Meeting of 18 May 2009, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2