|
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 *********
