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Minutes

Ordinary Council Meeting

2 May 2011, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 2 May 2011

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, Acting Manager – Development Assessment, Manager – Open Space, Manager – Environmental Health and Office Manager – Corporate Services.

 

DECLARATIONS OF INTEREST:

Councillor Mcilroy declared a Pecuniary Conflict of Interest in Open Space and Urban Services Report No.  12, Caroline Chisholm Lane Access as he resides on a street which will be impacted by the proposal. He indicated he would vacate the chamber and not discuss or vote on the item.

Councillor Smith declared a Non-Pecuniary Conflict of Interest  in Open Space and Urban Services Report No.  12, Caroline Chisholm Lane Access as her mother is a resident of Caroline Chisholm Nursing home.  She indicated she would discuss and vote on the item.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager, Peter Brown.

 

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.

 

SUSPENSION OF STANDING ORDERS

140

RESOLVED on the motion of Councillors Palmer and Tudge 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.

 

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).

 

PUBLIC FORUM

John May, 3 Glenview St Greenwich, supporting Environmental Services Division Report No. 4 regarding the Solar Photovoltaic Tender.

 

Kylie Bryden-Smith, 31A Johnston Cr Lane Cove, opposing high density residential development within the Mowbray Precinct.

 

Brian McDonald, 46 Gordon Cr Lane Cove North, opposing the high density developments proposed for the Lane Cove North region.

 

Frances Vissel, Stringybark Creek Residents Association, opposing high density development within the Mowbray Precinct and supporting Councils proposed installation of Solar Photovoltaic panels on selected community facilities.

 

Doug Stuart, William Edward St Longueville on behalf of RASAD and the Lane Cove Bushland and Conservation Society, supporting Councils proposed installation of Solar Photovoltaic panels on selected community facilities.

 

Gavin Noff, Member of Lane Cove Sustainability Action Group supporting Councils proposed installation of Solar Photovoltaic panels on selected community facilities.

 

Ann Brownfoot-Horn, Member of Lane Cove Sustainability Action Group supporting Environmental Services Division Report No. 4 regarding the Solar Photovoltaic Tender and supporting the nomination of Sjirk Bangma as a community representative for the Sustainability Advisory Committee.

 

RESUMPTION OF STANDING ORDERS

141

RESOLVED on the motion of Councillors Gaffney and Palmer that Standing Orders be resumed.

 

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).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 APRIL 2011

142

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 18 April 2011 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).

143

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 18 April 2011 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).

 

Procedural Motion

144

RESOLVED on the motion of Councillors Longbottom and Smith that voting on the parts of the recommendation for Corporate Services Division Report No.17, be dealt with ad-seriatim.  

 

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

145

RESOLVED on the motion of Councillors Tudge and Mcilroy that the memorandum circulated to Councillors regarding an amendment to the 2011/12 Fees and Charges for sporting grounds 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).

 


 

Suspension of Standing Orders

146

RESOLVED on the motion of Councillors Longbottom and Tudge that Standing orders be suspended to allow Mr Simon Pomfret from IRIS to give a presentation on Infrastructure Levy Survey results.

 

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).

 

Resumption of Standing Orders

147

RESOLVED on the motion of Councillors Tudge and Mcilroy that Standing Orders be resumed.

 

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

 

Procedural Motion

148

RESOLVED on the motion of Councillors Longbottom and Tudge that each item of Corporate Services Division Report No. 17 be debated together.

 

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. 17

SUBJECT: Results of the Consultation on the Community Strategic Plan, Delivery and Operational Plan, 2011-14 Budget, and Infrastructure Levy 

149

RESOLVED on the motion of Councillors Longbottom and Mcilroy that the Draft Community Strategic Plan, Lane Cove 2025 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).

150

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council advise IPART that it wishes to proceed with an application under s508(2) of the Local Government Act 1993 to implement an additional 7.5% (Nett 6%) special variation on all rateable properties on a permanent basis.

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith(Total 4).

151

RESOLVED on the motion of Councillors Mcilroy and Palmer that the Draft Delivery Program and Operational Plan 2011-2013, the Draft Infrastructure Works Program Facilities 2011-2016 and Draft Infrastructure Asset Works Plan 2011-2016 with or  without a 7.5% (6% nett) Infrastructure Levy, as amended by the report, be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 7.5% (6% nett) Infrastructure Levy; 

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

152

RESOLVED on the motion of Councillors Mcilroy and Palmer that the Draft Budget 2011-14 including the revised Kindy Cove Budget, with or without a 7.5% (6% nett) Infrastructure Levy for the period July 2011 to June 2014 be adopted, the latter to apply if the Minister for Local Government grants Council’s application for a 7.5% (6% nett) Infrastructure Levy;  

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

153

RESOLVED on the motion of Councillors Brooks-Horn and Longbottom that the Draft Fees and Charges for 2011-12 including the revised Kindy Cove Fees be adopted:-

i.       with the exception of the Golf Course Block Booking Fees, which will be considered by Council at a future meeting; and

ii.       with an amendment to the sportsground seasonal hire fees for winter sports as follows:-

·         Soccer fields up to 30 September 2011 - $17.20 per hour before 6.00 pm and $33.90 per hour after 6.00 pm, which includes lighting; and

·         Rugby fields up to 30 September 2011 - $14.60 per hour before 6.00 pm and $31.30 per hour after 6.00 pm, which includes lighting.

 

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).

 

MOTION

A Motion was moved by Councillors Brooks-Horn and Longbottom that the fees and charges for the Lane Cove Market Square carpark be amended to the following:-

·               2-3 hrs          $0

·               3-4 hrs          $6.00

·               4-5 hrs          $15.00

·               5-6 hrs          $20.00

·               6+ hrs / multiple entries       $40.00

 

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

 

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

Against the Motion was Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

154

RESOLVED on the motion of Councillors Mcilroy and Forrest that subject to the Minister for Local Government granting Council’s application for a 7.5% (6% nett) Infrastructure Levy, Council conduct a poll of the community every five years to provide a formal opportunity for the community to review the projects that Council has funded, and Council’s commitments in relation to spending all of the money on Infrastructure Renewal;

 

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)

155

RESOLVED on the motion of Councillors Mcilroy and Forrest that that subject to the Minister for Local Government granting Council’s application for a 7.5% (6% nett) Infrastructure Levy, Council discontinue the Stormwater Management Service Charge.

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

 

156

RESOLVED on the motion of Councillors Mcilroy and Forrest that subject to the Minister for Local Government granting Council’s application for a 7.5% (6% nett) Infrastructure Levy, Council utilise the responses from the surveys and suggestions raised in the submissions to assist in administering the levy and the prioritisation of projects to be funded from the levy.

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

157

RESOLVED on the motion of Councillors Mcilroy and Forrest that Council fix the Ordinary Rates and Charges for 2011/12 as follows (the amounts in brackets are to apply if the Minister for Local Government approves the 7.5% (6% nett) Infrastructure Levy):- 

(a)     Ordinary Rates

i.       An Ordinary Residential Rate of 0.160156 (0.171853) cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $468 ($502), to yield $13,085,535 ($14,040,218).

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

158

RESOLVED on the motion of Councillors Mcilroy and Forrest that Council fix the Ordinary Rates and Charges for 2011/12 as follows (the amounts in brackets are to apply if the Minister for Local Government approves the 7.5% (6% nett) Infrastructure Levy):- 

(a)     Ordinary Rates

ii.       An Ordinary Business Rate of 0.698199 (0.749105) cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $696 ($747), to yield $4,811,907 ($5,162,969).

 

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

Against the Motion was Bennison, Brooks-Horn, Longbottom, Smith (Total 4)

159

RESOLVED on the motion of Councillors Mcilroy and Forrest that Council fix the Ordinary Rates and Charges for 2011/12 as follows:- 

(a)     Ordinary Rates

iii.      Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, as defined by the metes and bounds description as advertised in the North Shore Times on 13 June, 1979, that a Parking Special Rate, of 0.174306 cents in the dollar be made for 2011/12 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00. 

 

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)

 

 

 

 

 

160

RESOLVED on the motion of Councillors Longbottom and Mcilroy that Council fix the Domestic Waste Management Charges for 2011/12 as follows:-

i.       in accordance with S.496 of the Local Government Act 1993, that an annual charge of $364.00 per annum be made for the year 2011/2012, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

ii.       in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2011/2012, for Domestic Waste Management Services for all properties categorised residential vacant land;

iii.      in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.33 per service  ($277.00 per annum) be  made for the year 2011/2012, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

iv.      in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.00 per service ($364.00 per annum) be made for the year 2011/2012, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to other single occupancy residential properties;

v.      in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.00 per service ($364.00 per annum) be made for the year 2011/2012, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

vi.      in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.00 per service ($364.00 per annum) be made for the year 2011/2012, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

vii.     in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2011/12 for each extra recycling service to single residential dwellings.

 

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)

161

RESOLVED on the motion of Councillors Longbottom and Palmer that Council fix the Interest on Overdue Rates and Charges in accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2011 to 30 June 2012 to all outstanding rates and charges be calculated at the maximum interest rate currently 9.0% as specified by the Minister for 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)

 


ADJOURNMENT

The Mayor adjourned the Council Meeting at 8:18pm 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 45 minutes.

 

RESUMPTION

The Council Meeting resumed at 8:19pm.

 

Councillor Keith Mcilroy reaffirmed his Declaration of Interest and left the meeting, the time being 8:26pm.

 

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 12

SUBJECT: Caroline Chisholm Lane Access

162

RESOLVED on the motion of Councillors Brooks-Horn and Tudge that:-

1.         Council commence the process to close part of the unmade portion of Caroline Chisholm Lane at its southern end in accordance with the Memorandum of Understanding with the Department of Lands dated 28 April 2006;

2.         Council undertake community Consultation for a  period of 6 weeks in accordance with the consultation strategy outlined in the report; and

3.         A further report be received outlining the submissions 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).

 

Councillor Keith Mcilroy returned to the meeting, the time being 8:28pm.

 

Councillor Ann Smith left the meeting, the time being 8:28pm.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 4

SUBJECT: Solar Photovoltaic Tender

 

MOTION

A motion was moved by Councillors Mcilroy and Forrest that:-

  1. The tender from Green Solar Group, be accepted to install photovoltaic systems at Lane Cove Civic Centre, Lane Cove community Centre and Lane Cove Library totalling 55 kilowatts across all sites, at a cost of $246,125 (incl. GST); and
  2. The General Manager be authorised to enter into contract with Green Solar Group.

AMENDMENT

An amendment was moved by Councillors Longbottom and Brooks-Horn that:-

1.   The tender from Green Solar Group, be accepted to install photovoltaic systems and Council purchase up to $176,000 (incl. GST) worth of solar panels; and

2.   The General Manager be authorised to enter into contract with Green Solar Group.

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Motion were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

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

Absent was Councillor Smith (Total 1).

163

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

 

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

Against were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

Absent was Councillor Smith (Total 1).

 

Environmental Services Division Report No. 13

SUBJECT: Sustainability Advisory Committee - Nominees

164

RESOLVED on the motion of Councillors Tudge and Palmer that Council defer the matter until the 16 May 2011 as per the minutes of the Council Meeting of 18 April 2011.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Councillor Pam Palmer left the meeting, the time being 9:04pm.

 

Councillor Pam Palmer returned to the meeting, the time being 9:05pm.

 

CLOSE

 

The meeting closed at 9:06pm.

 

Confirmed at the Ordinary Council Meeting of 16 May 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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