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Minutes

Ordinary Council Meeting

5 October 2010; 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 5 October 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, Acting Executive Manager – Corporate Services, Executive Manager – Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Manager – Development Assessment, and Office Manager – Corporate Services.

 

DECLARATIONS OF INTEREST: Nil

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev Eric Percival of St. Giles Anglican Church.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 SEPTEMBER 2010

327

RESOLVED on the motion of Councillors Gaffney and Bennison that the minutes of the Ordinary Council meeting held on the 20 September 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).

328

RESOLVED on the motion of Councillors Bennison and Gaffney  that the minutes of the Ordinary Council meeting held on the 20 September 2010 be confirmed subject to Min No. 306, 307 and 308 being amended to indicate Councillor Gaffney was not present in the Chambers at the time of discussion and voting on the item.

 

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).

 

 

Petitions

 

Petition No. 1

SUBJECT: Sutherland Street

329

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

1.   This matter be investigated and be referred to the Traffic Committee; and

2.   Tom Pacino be thanked for raising this matter with Council, be advised of the Council decision and informed of the progress of his request.

 

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. 18

SUBJECT: International Cities, Town Centres and Communities Society Conference (ICTC) Coffs Harbour

330

RESOLVED on the motion of Councillors Forrest and Palmer that Council endorse the attendance of the Mayor at the 2010 ICTC Conference in Coffs Harbour.

 

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. 19

331

RESOLVED on the motion of Councillors Tudge and Bennison that a leave of absence be granted to Councillor Tudge for the Council meetings scheduled for the 18th October 2010 and 1st November 2010.

 

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

332

RESOLVED on the motion of Councillors Tudge and Mcilroy that voting on the following  matter, Notice of Motion 10, be dealt with ad seriatim.

 

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

Against The Motion Was Councillor Smith (Total 1).

 

Notices of Motion

 

Notice of Motion No. 10

SUBJECT: Kingsford Smith Oval and Halloween Weekend

333

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

1.   For the 2010 Halloween weekend a security guard be employed for the hours after Council Officers finish work until approximately 2.00am;

 

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

Against the Motion was Councillor Palmer (Total 1).

334

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

2.   A Halloween Event Planning Committee be established with the view of holding a community event celebrating Halloween which the entire community could be involved in, this may include, BBQ, jumping castles for kids, entertainment, fireworks and other activities that the committee may come up with;

 

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

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

335

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

3.      Part of the Committee’s scope address funding of the event, that may include sponsorship from local business; and a report come back to Council outlining the costs of holding such an event and details of possible sponsors by no later than 31st March 2011.

 

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

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

 

Notice of Motion No. 11

SUBJECT: LGA Conference

336

RESOLVED on the motion of Councillors Bennison and Longbottom that the following motions be submitted as late motions to the 2010 Local Government Association Conference:-

1.   That the constitution of the Board of the LGSS be amended to include the following eligible criteria as a basis for appointment as a member of the LGSS board:-

a)   At least one member of the board must have tertiary qualification in accounting or finance and be a member of the Institute of Chartered Accountants; and

b)   That the composition of the remaining board members be no less than 75% of people that have a business related tertiary qualification.

2.   That the LGA make representations to the NSW Government that the Local Government Award be altered to allow Super Choice for employees. 

 

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

Against the Motion were Councillors Mcilroy and Tudge (Total 2).

 

Matter Arising

337

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

1.   Noting the additional superannuation contributions currently being demanded from Lane Cove Council (approx $300k per annum), Council seek legal advice in relation to:-

a)   If in the first instant a ‘contribution holiday’ gives rise to a future liability to repay at a future date for contributions to the Defined Benefits Scheme given that Lane Council is meeting its statutory obligation to its 9% SGC.

b)   If the answer to a) is yes then determine if the excess over the ‘contribution holiday’ being repaid is legally payable.

c)   Determine the legal consequences to Lane Cove Council of not paying the  current liability of the ‘contribution holiday’ and the consequences to fund members; and

d)   Subject to answers to a), b) and c) that Council consider not continuing to make repayments.

  1. It appears there may be cross directorships with the Board of the LGFS and related private companies receiving commission. The concern is that these may constitute ‘secret commission’ which are a criminal offence in NSW.

That Council write to NSW Police and ASIC and advise them of our concerns and request that they investigate these transactions to determine if criminal offences have been committed.

 

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. 56

SUBJECT: Pecuniary Interest Returns 2010

338

RESOLVED on the motion of Councillors Mcilroy and Brooks-Horn that Council note the tabling of Pecuniary Interest Returns of councillors and designated staff lodged prior to 30 September 2010.

 

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).

 

ADJOURNMENT

The Mayor adjourned the Council Meeting at 8:14pm to allow the commencement of the Services and Resources Committee meeting and the Planning and Building Committee meeting.

The Mayor opened the Committee meetings and adjourned them for 10 minutes.

 

RESUMPTION

The Council Meeting resumed at 8:15pm

 

Corporate Services Division Report No. 58

SUBJECT: Change in Councillor Representation on Council Committees

339

RESOLVED on the motion of Councillors Tudge and Palmer that Council grant Councillor Bennison a six month leave of absence on the Bushland Management Advisory Committee and Sustainability Advisory Committee.

 

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. 40

SUBJECT: NSROC Tender No. 10/10 for Supply of Asphalt, Supply and Delivery, and Supply Delivery and Laying of Asphaltic Concrete

340

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

1.   The report be received and noted.

2.   The tenders from Boral Asphalt, Downer EDI Works Pty Ltd, J & M Schembri Pty Ltd and Ozpave (Aust) Pty Ltd for Supply; Supply and Delivery; and Supply, Delivery and Laying of Asphaltic Concrete for 12 months be accepted subject to these contractors having their policies, licences and OH&S requirements assessed and approved with BNG Conserve.

3.   Authorise the General Manager to sign 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).

  

 

Procedural Motion

341

RESOLVED on the motion of Councillors Smith and Bennison that Services and Resources Committee items be brought forward 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).

 

 

ELECTION OF CHAIRPERSON

 

Councillor Bennison was nominated as Chairperson by Councillors Smith and Mcilroy and as there was no other nominations Councillor Scott Bennison was elected as Chairperson.

 

 

General Managers Reports

 

General Managers Report No. 17

SUBJECT: Monthly Review for August 2010

342

RESOLVED on the motion of Councillors Smith and Mcilroy that the information 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 8:17pm.

 

Confirmed at the Ordinary Council Meeting of 15 th November 2010, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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