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Minutes

Ordinary Council Meeting

16 August 2010, 6:48pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 16 August 2010

 

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, Acting Executive Manager – Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, and Office Manager – Corporate Services.

 

 

DECLARATIONS OF INTEREST:

Councillor Bennison declared that he had a conflict of interest in Notice of Motion No. 8, Local Government Financial Services, as a partner at his firm has a client from the legal firm suggested as a potential advisor in the matter. 

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Geoff Leader.

 

 

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:

 

Open Space and Urban Services Division Report No. 34

SUBJECT: Tenders for Burns Bay Boat Ramp Redevelopment

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 because the 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

254

RESOLVED on the motion of Councillors Palmer and Bennison that Council:-

1.       Resolve into Closed Committee 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 Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9).

Against the Motion was Nil (Total 0).

 

Council moved into Closed Committee at 6:51pm. The public and media left the chamber.

 

Closed Committee commenced.

 

 

Confidential Items

 

Open Space and Urban Services Division Report No. 34

SUBJECT: Tenders for Burns Bay Boat Ramp Redevelopment

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 because the 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.
 

 

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council:-

1.   Receive and note the report;

2.   Accept the tender for the Burns Bay Boat Ramp Redevelopment from Clement Marine Services for the value of $185,247.70, in accordance with the necessary contractual arrangements; and

3.   Authorise the General Manager to sign a letter of acceptance for the contracts.

 

  

 

PROCEDURAL MOTION

255

RESOLVED on the motion of Councillors Tudge and Brooks-Horn that Council move out of Closed Committee and into Open Council.

 

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

Against the Motion was Nil (Total 0).

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

PUBLIC FORUM

 

No members of the public made representations.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 2 AUGUST 2010

256

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 2nd August 2010 be received.

 

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

Against the Motion was Nil (Total 0).

257

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 2nd August 2010 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

 

CONFIDENTIAL ITEMS

The following recommendations in Closed Committee were read to the meeting by the General Manager, prior to being adopted:

 

Open Space and Urban Services Division Report No. 34

SUBJECT: Tenders for Burns Bay Boat Ramp Redevelopment

258

RESOLVED on the motion of Councillors Palmer and Gaffney that  Council:-

1.   Receive and note the report;

2.   Accept the tender for the Burns Bay Boat Ramp Redevelopment from Clement Marine Services for the value of $185,247.70, in accordance with the necessary contractual arrangements; and

3.   Authorise the General Manager to sign a letter of acceptance for the contracts.

 

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

Against the Motion was Nil (Total 0).

 

 

Matter Arising

259

RESOLVED on the motion of Councillors Longbottom and Tudge that the General Manger prepare a report on confidential matters that may arise in the future.

 

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

Against the Motion was Nil (Total 0).

 

 

Orders Of The Day

 

Order Of The Day No. 10

SUBJECT: Council and Committee Meeting Schedule - September 2010

260

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that the Council and Committee Meeting Schedule for September 2010 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

 

The Council recognised and welcomed the attendance of the Mayor, Councillor Adam Marshall, and Deputy Mayor, Councillor Colleen Fuller, of sister city Gunnedah at the Council Meeting.

 

 

Order Of The Day No. 15

SUBJECT: Citizenship Ceremony - 15 September 2010

261

RESOLVED on the motion of Councillors Gaffney and Forrest that Councillor Forrest attend the Citizenship Ceremony on 15th September 2010 and speak to new Citizens about local government. 

 

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

Against the Motion was Nil (Total 0).

 

 

Order Of The Day No. 16

SUBJECT: 2010 Gunnedah Women's Forum

262

RESOLVED on the motion of Councillors Palmer and Gaffney that the report on the 2010 Gunnedah Womens Forum be received and noted.

 

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

Against the Motion was Nil (Total 0).

 


 

Notices of Motion

 

Notice of Motion No. 8

SUBJECT: Local Government Financial Services

263

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Lane Cove Council seek the financial support of NSROC members to retain an expert to provide legal advice (up to $20,000) as to the legal position for a recovery from the Professional Indemnity Insurance of either LGFS and/or its advisors on the following matters:-

1.   The appropriateness of the financial advice given to the members of the LGSS;

2.   Whether the LGFS and/or its advisors have acted outside the scope of their AFS licenses in providing advice to the members of the LGSS; and

3.   Any other possible breaches by LGFS, its trustees and/or its advisors.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Bennison exited the Council Chambers at 7:19pm.

 

Matter Arising

264

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Council, upon recommending the above motion to NSROC, mention as a potential advisor James Xenidis, of LFS Lawyers Pty Ltd.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the Council Chambers at 7:21pm.

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 43

SUBJECT: 4th Quarter Review of the Management Plan 2009 - 2012

265

RESOLVED on the motion of Councillors Smith and Forrest that the 4th Quarter Review of the Management Plan 2009 – 2012 be received and noted.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Corporate Services Division Report No. 45

SUBJECT: Fast Tracking Implementation of the Bicycle Plan

 

MOTION

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

1.   The report be received and noted;

2.   Council retain its existing Reserve allocations; and

3.   A Reserve be established for the renewal of the assets in the Lane Cove Library/Carpark/ Market Square property, with the initial contribution for the 2010/11 year being $250,000.

 

Procedural Motion

A procedural motion was moved by Councillors Mcilroy and Forrest that the matter be deferred until November 2010.

 

Upon being put to the meeting the Procedural Motion was declared lost.

For the Procedural Motion were Councillors Forrest, Mcilroy and Tudge (Total 3).

Against the Procedural Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6).

266

Upon being put to the meeting the Motion was declared carried.

For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith (Total 6).

Against the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3).

 

 

Corporate Services Division Report No. 48

SUBJECT: Infrastructure Levy Proposal

267

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

1.         The report be received and noted;

2.         Council pursue the implementation of an Infrastructure Levy; and

3.         A further report be submitted to Council outlining, in detail, Council’s current and future infrastructure needs.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 32

SUBJECT: Lane Cove Tunnel - Filtration

268

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Council write to and thank Mr Barry O’Farrell MP and Mr Anthony Roberts MP, Member for Lane Cove, for reaffirming that filtration of the Lane Cove Tunnel remaining a NSW Liberals & Nationals policy.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

269

RESOLVED on the motion of Councillors Forrest and Smith that Council write to the leader of the NSW Greens and ask if filtration of the Lane Cove Tunnel is still supported by their party.

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 33

SUBJECT: Lane Cove Golf Course - Fee Variation

270

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

1.   Council adopt the new categories of Green Fees for the purposes of public exhibition;

2.   The proposed new categories of Green Fees be placed on public exhibition for 6 weeks and community consultation takes place in accordance with the Consultation Strategy outlined in the report; and

3.   A further report be submitted to Council following the exhibition period to amend the 2010/11 Fees and Charges.

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 2

SUBJECT: Tender for Burns Bay Boat Ramp Redevelopment

271

RESOLVED on the motion of Councillors Smith and Tudge that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 30

SUBJECT: Delegated Authority Report - July 2010

272

RESOLVED on the motion of Councillors Smith and Mcilroy that the report be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 31

SUBJECT: Draft NSW Competition SEPP

273

RESOLVED on the motion of Councillors Longbottom and Tudge that Council note the exhibition of the Draft State Environmental Planning Policy (Competition).

 

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

Against the Motion was Nil (Total 0).

 

 

Procedural Motion

274

RESOLVED on the motion of Councillors Bennison and Smith that the Services and Resources Committee agenda items be considered at the Council Meeting.

 

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

Against the Motion was Nil (Total 0).

  

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 46

SUBJECT: Statement of Investments as at 31 July 2010

275

RESOLVED on the motion of Councillors Smith and Tudge that the report “Statement of Investments as at 31st July 2010” be received and noted.

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Report No. 47

SUBJECT: Legal Expenses for July 2010

276

RESOLVED on the motion of Councillors Tudge and Gaffney that the Legal Expenses for July 2010 be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:05pm.

 

Confirmed at the Ordinary Council Meeting of 6th September 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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