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Minutes

Ordinary Council Meeting

7 February 2011, 6:30pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 7 February 2011

Minutes

 

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor P. Palmer, Councillor A. Smith (arrived at 6:46pm) 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: Nil

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor Mcilroy and Councillor Ann Smith who advised she would be arriving late to the meeting.

1

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that the apologies be accepted and a leave of absence be granted.

 

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

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:

 

Human Services Division Report No. 1

SUBJECT: Possums Corner Child Care Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 financial assistance is used by some organisations for the employment of staff and therefore disclosure of the funding arrangements is not in the public interest.

 

 

General Managers Report No. 1

SUBJECT: Senior Staff Matter

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 that the matter pertains to the employment of staff.

 


 

Open Space and Urban Services Division Report No. 3

SUBJECT: Standish Street - Partial Road Closure

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 the report includes details of the valuation Council has received for the property and disclosure would impact on the possible purchase process.

 

 

No members of the public made representations.

 

 

PROCEDURAL MOTION

2

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

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, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

 

Council moved into Closed Committee at 6:37pm. The public and media left the chamber.

 

Closed Committee commenced.


 

Confidential Items

 

Human Services Division Report No. 1

SUBJECT: Possums Corner Child Care Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 financial assistance is used by some organisations for the employment of staff and therefore disclosure of the funding arrangements is not in the public interest.

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council:-

1.    Receive and note the Report.

2.    Receive a further Report in twelve months or if the situation requires additional Council intervention.

3.    Write to Possums Corner Child Care Centre noting their improved financial situation and suggesting that lease payments to Council recommence from 1 July 2011 on a month to month basis.

 

 

Councillor Smith joined the meeting at 6:46pm.

 

 

Open Space and Urban Services Division Report No. 3

SUBJECT: Standish Street - Partial Road Closure

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 the report includes details of the valuation Council has received for the property and disclosure would impact on the possible purchase process.

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council:-

1.    Proceed with the closure of that part of Standish Street, designated as Area A in AT-1, extending to the current road closure dated 27 October 2000.

2.    Prepare the submission to the Department of Lands to approve the road closing.

 


 

General Managers Report No. 1

SUBJECT: Senior Staff Matter

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 that the matter pertains to the employment of staff.

 

RECOMMENDATION OF CLOSED COMMITTEE

That Council note the General Manager consulted with Council in relation to this Senior Staff matter.

 

 

PROCEDURAL MOTION

3

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

 

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

Against the Motion was Nil (Total 0).

 

The meeting moved into Open Council at 6:49pm.

 

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.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

 

CONFIDENTIAL ITEMS

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

 

Human Services Division Report No. 1

SUBJECT: Possums Corner Child Care Centre

4

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

1.    Receive and note the Report.

2.    Receive a further Report in twelve months or if the situation requires additional Council intervention.

3.    Write to Possums Corner Child Care Centre noting their improved financial situation and suggesting that lease payments to Council recommence from 1 July 2011 on a month to month basis.

 

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

Against the Motion was Nil (Total 0).

 

 

Open Space and Urban Services Division Report No. 3

SUBJECT: Standish Street - Partial Road Closure

5

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

1.    Proceed with the closure of that part of Standish Street, designated as Area A in AT-1, extending to the current road closure dated 27 October 2000.

2.    Prepare the submission to the Department of Lands to approve the road closing.

 

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

Against the Motion was Nil (Total 0).

 

 

General Managers Report No. 1

SUBJECT: Senior Staff Matter

6

RESOLVED on the motion of Councillors Tudge and Brooks-Horn that Council note the General Manager consulted with Council in relation to this Senior Staff matter.

 

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

Against the Motion was Nil (Total 0).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 06 DECEMBER 2010

7

RESOLVED on the motion of Councillors Smith and Palmer that  that the minutes of the Ordinary Council meeting held on the 06 December 2010 be received.

 

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

Against the Motion was Nil (Total 0).

8

RESOLVED on the motion of Councillors Smith and Palmer that the minutes of the Ordinary Council meeting held on the 06 December 2010 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 


 

Mayoral Minutes

 

Mayoral Minute No. 1

SUBJECT: Financial Contribution to the Queensland Premier's Disaster Relief Appeal

9

RESOLVED on the motion of Councillors Gaffney and Longbottom that:-

1.   Subject to the matter being advertised and no objections being received, Council on behalf of the residents of the Lane Cove Municipality, give a one off financial contribution of $10,000 to the QLD Premier’s Disaster Relief Appeal.

2.   The General Manager write to the President of NSROC advising of Lane Cove Council’s financial contribution and suggest each NSROC council make a similar contribution.

3.   The General Manager report back to Council with a response from NSROC.

 

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

Against the Motion was Nil (Total 0).

 

 

Orders Of The Day

 

Order Of The Day No. 1

SUBJECT: Citizenship Ceremony - Wednesday 2 March 2011

10

RESOLVED on the motion of Councillors Bennison and Longbottom that Councillor Bennison attend the Citizenship Ceremony on 2 March 2011 and speak to new Citizens about Local Government.

 

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

Against the Motion was Nil (Total 0).

 

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 2

SUBJECT: 2011 National General Assembly of Local Government

11

RESOLVED on the motion of Councillors Bennison and Forrest that Council send Councillor Tudge as a representative, if Council submits motions to the 2011 National General Assembly of Local Government.

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Report No. 3

SUBJECT: Recommendations from NSW Standing Committee Inquiries into Grafitti and Public Infrastructure and Public Funding of Local Government Election Campaigns

12

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the report be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 4

SUBJECT: Infrastrucuture Levy - Change of Categorisation

13

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

1.   Council rescind part 2 of its resolution of 6 December 2010, viz ” Council apply under s508A of the Local Government Act 1993 to implement a 7.5% (Nett 6%) special variation on all rateable properties for a seven year period; and

2.   Council apply under s508(2) of the Local Government Act 1993 to implement a 7.5% (Nett 6%) special variation on all rateable properties on a permanent basis.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer, Smith 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. 1

SUBJECT: Go Get Car Scheme - Car Space Valuation

 

The following correction to the resolution outlined in the report was noted:-

“RESOLVED on the motion of Councillors Bennison and Brooks-Horn that a report come back to Council regarding the following:-

1.      The market rent for the car space currently allocated to the ‘Go Get’ Scheme; and

2.      Should Council choose not to charge ‘Go Get’ market rent for the car space, then any subsidy be funded by the sustainability levy via a transfer from the sustainability levy reserve to the general reserve”

14

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that a market rent of $900+GST be imposed on the car space in Rosenthal Avenue for the ‘Go Get’ Car Scheme and that this rent be funded by the Sustainability Levy due to the environmental benefits that the scheme will bring.

 

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

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

 


 

 

Extension of Time

15

RESOLVED on the motion of Councillors Palmer and Gaffney that an extension of 1 minute be granted to Councillor Forrest.

 

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

Against the Motion was Nil (Total 0).

 

Extension of Time

16

RESOLVED on the motion of Councillors Palmer and Bennison that an extension of 1 minute be granted to Councillor Forrest.

 

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

Against the Motion was Nil (Total 0).

 

 

Extension of Time

17

RESOLVED on the motion of Councillors Palmer and Gaffney that an extension of 1 minute be granted to Councillor Forrest.

 

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

Against the Motion was Nil (Total 0).

 

 

Matter Arising

SUBJECT: Car SHARE Scheme POLICY

18

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

1.   Prepare a report on car share experiences of surrounding councils so far for the future development of a Car Share Policy for Lane Cove; and

2.   Investigate the development of car share guidelines and incentives for new large developments for inclusion in our LEP & DCP.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 53

SUBJECT: Delegated Authority Report - December 2010

19

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

 

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

Against the Motion was Nil (Total 0).

 


 

Environmental Services Division Report No. 2

SUBJECT: Extended Notification of Standard Development Applications During the Christmas Period

20

RESOLVED on the motion of Councillors Smith and Gaffney that Council extend the notification period for standard development applications for the December/January holiday season, in terms of the report.

 

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

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 3

SUBJECT: Sydney Harbour Councils Group

21

RESOLVED on the motion of Councillors Smith and Gaffney that Council endorse the updated version of the Our Harbour Agreement dated 3 February 2011, shown attached as AT-1.

 

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

Against the Motion was Nil (Total 0).

 

 

Human Services Division Reports

 

Human Services Division Report No. 2

SUBJECT: Public Art Advisory Committee Charter

22

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

1.    Adopt the Draft Lane Cove Public Art Advisory Committee Charter dated (shown attached as AT-1);

2.    Call for nominations for the Lane Cove Public Art Advisory Committee: and

3.    Appoint Councillor Forrest, with Councillor Bennison as an alternate, as Council’s representative on the Lane Cove Public Art Advisory Committee.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

23

RESOLVED on the motion of Councillors Bennison and Gaffney that the 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).

 

 


SERVICES AND RESOURCES COMMITTEE

 

 

General Managers Reports

 

General Managers Report No. 2

SUBJECT: Monthly Review for November/December 2010

24

RESOLVED on the motion of Councillors Bennison and Smith that the information be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer, Smith 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. 3

SUBJECT: The Lane Cove Traffic Committee Meeting held Tuesday 21 December 2010

25

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Council receive and note the recommendations of the Lane Cove Traffic Committee Meeting held Tuesday 21 December 2010.

 

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

Against the Motion was Nil (Total 0).

CLOSE

 

The meeting closed at 8:04pm.

 

Confirmed at the Ordinary Council Meeting of 21 February 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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