Ordinary Council 16 November 2009
Minutes

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S.Forrest, Councillor I. Longbottom, 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, and Office Manager – Corporate Services.

DECLARATIONS OF INTEREST: Councillor D Brooks-Horn declared a Pecuniary Interest in Environmental Services Division 45 as his girlfriend owns a property in 25 Best Street Lane Cove.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Pastor Simon Ambler, Christian City Church.

ACKNOWLEDGEMENT OF COUNTRY

SUSPENSION OF STANDING ORDERS

322

RESOLVED on the motion of Councillors Palmer and Bennison 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.

The Mayor declared the motion carried unanimously.

Graham Holland, Lane Cove Bushland and Conservation Society, opposing the clearing of the vegetation adjacent to the 17^th Green and in support of the staff’s proposal.

Ian Butters, Lane Cove Country Club in support of works to improve the 17^th Green and in support of the Officer’s recommendation.

Peter Weston, Lane Cove Bushland Management Advisory Committee, in support of the compromise for the works proposed to the 17^th Green contained in the Officer’s recommendation.

Elma Kearney, proposing alternative solutions for the works proposed for the 17^th Green.

Resumption of Standing Orders

323

RESOLVED on the motion of Councillors Longbottom and Tudge that Standing Orders be resumed in Open Council.

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

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 2 NOVEMBER 2009

324

RESOLVED on the motion of Councillors Longbottom and Mcilroy that the minutes of the Ordinary Council meeting held on the 2 November 2009 be received and adopted.

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

Against the Motion was Nil (Total 0).

General Managers Report No. 29
SUBJECT: Council's Ability to Consider Notice of Motion No. 10 and Councillors Authority to Act
	MOTION A motion was moved by Councillors Mcilroy and Palmer that Council receive and note this report.

Councillor Shauna Forrest left the meeting at 07:39 PM.

PROCEDURAL MOTION

325

RESOLVED on the motion of Councillors Tudge and Bennison that the restrictions on the confidentiality of the legal advice in relation to the matter be removed for the purposes of debate.

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

Against the Motion was Councillor Palmer (Total 1).

Absent Councillor Forrest (Total 1).

Councillor Shauna Forrest returned to the meeting at 07:39 PM.

Procedural Motion

326

RESOLVED on the motion of Councillors Tudge and Bennison that the item be recommitted to allow debate.

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

Against the Motion were Councillors Forrest and Palmer (Total 2).

Councillor Shauna Forrest left the meeting, the time being 07:55 PM.

MOTION

A motion was moved by Councillors Mcilroy and Palmer that Council receive and note this report.

327

For the Motion were Councillors Mcilroy, Palmer, Tudge and Gaffney (Total 4).

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

The Mayor exercised a casting vote in favour of the motion and the motion was declared carried.

Councillor Shauna Forrest returned to the Meeting at 07:56 PM.

Deferred Reports

Notice of Motion No. 10

SUBJECT: Lloyd Rees Bandstand

MOTION

A motion was moved by Councillors Forrest and Tudge that Council:-

1. Receive and note the updated National Trust of Australia (NSW) Classification Report, correspondence and listing card, that classifies and includes The Lloyd Rees Bandstand and the Lane Cove Plaza - Lane Cove on the Register of the National Trust of Australia (‘The Report’).

2. Note the importance of the roles played by artist Lloyd Rees and landscape architect Harry Howard in the significance and classification of these items.

3. Forward ‘The Report’ as a background document for the consultants preparing the Lane Cove Heritage Review Report 2009 (LCHR).

4 (i) Send a hard copy of ‘The Report’ to all Lane Cove Art societies and all relevant organisations such as Heritage, Historical and Conservation societies, Local Studies Library and Lane Cove Library, local Music/Band organisations that use the Bandstand, Lane Cove Alive, The Chamber of Commerce, Residents Associations, RASAD etc.

(ii) Send a copy of ‘The Report’ to Lloyd Rees' son and Harry Howard’s children (where possible), members of the current Bandstand Working Party, consultants engaged in the Lane Cove Heritage Review and appropriate former members of Council staff associated with the initial Plaza and Bandstand construction including Bruce Stuckey and Jack Hartman.

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Bennison and Smith that Council refuse to receive and note the report from the National Trust due to the lack of independence and factual irregularities having regard to Councillor Forrest being the proponent and author of the original report from the National Trust.

Extension of Time

328

RESOLVED on the motion of Councillors Longbottom and Smith that an extension of 3 minutes be granted to Councillor Brooks-Horn.

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

Against the Motion was Nil (Total 0).

329

Upon being put to the Meeting, the motion was declared carried.

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

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

The Foreshadowed Motion lapsed.

Adjournment

The meeting was adjourned at 8.30pm to allow the commencement of the Services and Resources Committee.

Resumption

Council Meeting resumed at 8.30pm.

Matter Arising
	MOTION A motion was moved by Councillors Longbottom and Smith that:- The National trust be advised that Lloyd Rees did not suggest the construction of a bandstand but donated $5000 towards the construction of a water fountain. Council’s Local Studies Section prepare a report on all the factual elements leading to the construction of the Bandstand and any changes made to the Bandstand subsequently.

Procedural Motion
330	RESOLVED on the motion of Councillors Forrest and Smith that the parts of the motion be voted upon ad seriatim.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).
331	MOTION PART 1 Upon being put to the Meeting, Part 1 of the motion was declared carried. For the Motion were Councillors Bennison, Brooks-Horn, Smith, Longbottom and Gaffney (Total 5). Against the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).
332	MOTION PART 2, Upon being put to the Meeting, Part 2 of the motion was declared carried. For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Matter Arising

333

RESOLVED on the motion of Councillors Bennison and Smith that the General Manager consider and if he thinks fit lodge a formal complaint to representative and/or regulatory body(s) having regard to the alleged backdating of new report to council from the National Trust.

For the Motion were Councillors Bennison, Brooks-Horn, Smith, Longbottom and Gaffney (Total 5).

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

orders Of The Day

Order Of The Day No. 17
SUBJECT: Council and Committee Meeting Schedule
334	RESOLVED on the motion of Councillors Palmer and Brooks-Horn that the Council and Committee Meeting Schedule for December 2009 be adopted.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Open Space and Urban Services Division Report No. 57
SUBJECT: Reconstruction of 17th Green
335	RESOLVED on the motion of Councillors Palmer and Longbottom that:- 1. Council proceed with calling for quotations to undertake the reconstruction of the 17^th green in accordance with the design prepared by Mark Parker Golf P/L. 2. An on-site meeting to discuss the vegetation management plan for the bushland adjacent to the 17^th green be conducted as part of the next Inspection Committee, to be held on 5 December 2009.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Notices of Motion

Notice of Motion No. 12
SUBJECT: Greenwich Fox Eradication Program
336	RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the document tabled by the General Manager be received and the General Manager conduct an investigation into the fox (or other animal) menace that is evident on the Greenwich Peninsula and report back to Council on an eradication program in conjunction with National Parks and Wildlife forthwith.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

General Managers Reports

General Managers Report No. 31
SUBJECT: Lane Cove Market Square Status Report
337	RESOLVED on the motion of Councillors Longbottom and Smith that Council receive and note this report.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Reports

Corporate Services Division Report No. 57
SUBJECT: 1st Quarter Review of the 2009 - 2012 Management Plan
338	RESOLVED on the motion of Councillors Longbottom and Forrest that the First Quarter Review of the 2009-2012 Management Plan be received and noted.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 59
SUBJECT: Council's Annual Report 2008 - 2009
339	RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. Council adopt the Draft Annual Report for 2008/2009; 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 Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 60
SUBJECT: Lane Cove Access and Services Map
	MOTION A Motion was moved by Councillors Palmer and Mcilroy that:- Council proceed with the production of an Access and Services Map as outlined in this report, with input from Councillors with respect to changes to the document, and:- a. Distribution to households; b. Display in the Market Square Carpark with associated paid advertising. A separate report come back to Council regarding the design and planned sighting and costs of the display boards outside of the Market Square Carpark. FORESHADOWED MOTION A Foreshadowed Motion was moved by Councillors Longbottom and Smith that:- 1. Council proceed with the production of an Access and Services Map as outlined in this report, with input from Councillors with respect to changes to the document, and:- a. The community be advised that this document is available and copies be placed in all council facilities, public places and on Council’s website. b. Display in the Market Square Carpark with associated paid advertising. A separate report come back to Council regarding the design and planned sighting and costs of the display boards outside of the Market Square Carpark. Legal and accounting firms be included in the directory. The size of the brochure format be increased to enlarge the font size, map and businesses omitted from the map.
340	Upon being put to the Meeting, the motion was declared lost. For the Motion were Councillors Mcilroy and Palmer (Total 2). Against the Motion were Councillors Bennison, Brooks-Horn, Forrest, Tudge, Smith, Longbottom and Gaffney (Total 7).
	The Foreshadowed Motion became the Motion. Upon being put to the Meeting, the Motion was declared carried. For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Procedural Motion

341

RESOLVED on the motion of Councillors Longbottom and Gaffney that the General Manager put in place a process for community groups to assist in keeping the map up to-date.

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

Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 61
SUBJECT: 1st Quarter Review of the 2009 - 2010 Budget
342	RESOLVED on the motion of Councillors Longbottom and Smith that the 2009 - 2010 Budget be varied in terms of this report.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 62
SUBJECT: Appointment of Internal Audit Committee Members
343	RESOLVED on the motion of Councillors Longbottom and Tudge that:- 1. Council appoint Mark Shum and Denise Kesbah to Council’s Internal Audit Committee until the end of Council’s term in September 2012; and 2. A further report be submitted following the first meeting of the Audit Committee confirming the Audit Committee’s Charter.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 64
SUBJECT: Integrated Planning and Reporting Framework- Implementation Timetable
344	RESOLVED on the motion of Councillors Tudge and Mcilroy that Council advise the Department of Local Government that it will achieve full implementation of the Integrated Planning and Reporting Framework by June 2011.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Open Space and Urban Services Division Reports

Open Space and Urban Services Division Report No. 58
SUBJECT: Lane Cove Town Centre - Proposed 40km/hour Speed Limit
345	RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. The updated report on the proposed 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre be received and noted. 2. The Road Safety Audit and proposed 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre be placed on public exhibition as detailed in the community consultation strategy. 3. A further report then be tabled for Council’s consideration on implementation of the 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Environmental Services Division Reports

Environmental Services Division Report No. 361
SUBJECT: 4 Church Street, Greenwich - S96 Modification of Consent
346	RESOLVED on the motion of Councillors Palmer and Longbottom that consideration be deferred at the request of the applicant.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Councillor David Brooks-Horn reaffirmed his interest and left the meeting at 09:45 PM.

Environmental Services Division Report No. 45
SUBJECT: Access to Private Roadways for Council's Waste Contractors
347	RESOLVED on the motion of Councillors Longbottom and Tudge that the matter be deferred until all Owners Corporations have met and advised Council of their position and those that have not put the matter before their Owners Corporation or have not finalised their position be asked to do so by 1 February 2010 .
	For the Motion were Councillors Bennison, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 8). Against the Motion was Nil (Total 0). Absent Councillor Brooks-Horn

Councillor David Brooks-Horn returned to the meeting at 09:56 PM.

Environmental Services Division Report No. 48
SUBJECT: Delegated Authority Report - October 2009
348	RESOLVED on the motion of Councillors Palmer and Smith that the report be received and noted.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Environmental Services Division Report No. 46
SUBJECT: Shopping Trolley Management
349	RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. Staff monitor the impact of the coin lock trolley system to be introduced by Woolworths and if effective in reducing the incidence in abandoned trolleys seek to encourage its adoption by all retailers. 2. Council work with all retailers to develop consistent trolley management plans; and 3. A further report be submitted to Council in March 2010.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).
MATTER ARISING
350	RESOLVED on the motion of Councillors Forrest and Mcilroy that Council receive a report on opportunities to work with retailers to develop and promote alternate methods (including Canada Bay’s Walk-Shop-Wheel Program) to the use of trolleys and promotion of walk-to shopping by March 2010.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Human Services Division Reports

Human Services Division Report No. 20
SUBJECT: Library Fitout Progress Report No 1
351	RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. Council receive and note this report. 2. A further report be presented to Council at the next Council meeting.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

Open Space and Urban Services Division Report No. 59
SUBJECT: Market Square Car Park - Parking Management Replacement pages for pages 7-13 of the Attachments were circulated to Councillors at the meeting.
352	RESOLVED on the motion of Councillors Palmer and Mcilroy that:- Council provide delegated authority to the General Manager to approve the amended Lane Cove Market Square Carpark Traffic Management Plan, dated 8 January 2009 submitted by Masson Wilson Twiney subject to incorporation of the amendments set out in Attachment 1 with initial management based on regulated parking. When Council approves amendments to its fees and charges for paid parking in the Lane Cove Market Square Carpark, the Carpark Traffic Management Plan be modified for paid parking as outlined in Attachment 1 of the report to the Traffic Committee Meeting on October 2009 with appropriate signage.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).
Orders of the Day
353	RESOLVED on the motion of Councillors Longbottom and Smith that Council send flowers to the Mayor of Hunters Hill following her recent illness.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Mcilroy, Palmer, Tudge, Smith, Longbottom and Gaffney (Total 9). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 10.38pm.

Confirmed at the Ordinary Council Meeting of 7 December 2009, at which meeting the signature herein is subscribed.

MAYOR

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