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Minutes

Ordinary Council Meeting

16 May 2011; 6:38pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 16 May 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 6:41pm) 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, Acting Manager – Development Assessment, Manager – Environmental Health and Office Manager – Corporate Services.

 

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. 6

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 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 contains advice from Council's Solicitors in regard to litigation.

 

No members of the public made representations.

 

CLOSED COMMITTEE

165

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

1.       Council resolve into Closed Committee to consider the business identified above.

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 were Nil (Total 0).

Absent was Councillor Smith (Total 1).

Closed Committee commenced at 6:39pm. The public and media left the chamber.

Councillor Smith joined the meeting at 6:41pm.

Open Council resumed at 6:54pm.  The public and media were invited into the chamber.

Councillor Bennison left the meeting, the time being 6:54pm.

Councillor Bennison returned to the meeting, the time being 6:56pm.

DECLARATIONS OF INTEREST:

 

Councillor Smith declared a non pecuniary interest in Human Services Division Report No. 6 as her nephew is an employee of the Aquatic Centre.

 

APOLOGIES 

Apologies were received on behalf of Councillor K. Mcilroy.

166

RESOLVED on the motion of Councillors Tudge and Palmer that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

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.

 

Confidential Items

The General Manger read the recommendation of the Item considered in Closed Committee prior to Council’s consideration.

 

Human Services Division Report No. 6

SUBJECT: Lane Cove Aquatic Leisure Centre

167

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Council receive and note 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).

 

 SUSPENSION OF STANDING ORDERS

168

RESOLVED on the motion of Councillors Longbottom and Smith 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, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Ann Horn, President Sustainability Action Group, endorsing the appointment of Sjirk Bangma as a community representative to the Sustainability Advisory Committee.

Brian McDonald, 46 Gordon Cr Lane Cove, expressing concerns with potential high density residential developments proposed for the Mowbray Precinct.

Janet Weir, 18 Currawong Ave, opposing proposed development at 11 Cullen St.

David Lawn, 20 Currawong Ave Lane Cove West, opposing proposed development at 11 Cullen St.

Kerry Scroope, 9 Cullen St Lane Cove West, opposing proposed development at 11 Cullen St.

Councillor Brooks-Horn left the meeting, the time being 7:25pm.

Councillor Brooks-Horn returned to the meeting, the time being 7:27pm.

James Nangle, Town Planner on behalf of the applicant for 11 Cullen St, supporting the proposed development at that address.

David Clark, 6 Lihon St Lane Cove, in support of the removal of the Illawarra Flame tree at that address. 

Russell Kingdom, Aborist for residents of 6 Lihon St Lane Cove, in support of the removal of the Illawarra Flame tree at that address. 

Theresa Cox, 66 Gordon Cr Lane Cove, opposing high density residential development in the Mowbray Precinct.

Kylie Bryden-Smith, 31A Johnston Cr Lane Cove, opposing any clearing of Batten Reserve to accommodate fire hazard reduction necessitated by the proposed high density residential developments in the Mowbray Precinct.

Frances Vissel, Stringybark Creek Residents Association, expressing concerns with impacts of proposed development for the Mowbray Precinct and supporting an undertaking of an environmental impact study for the area.  

 

RESUMPTION OF STANDING ORDERS

169

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

 

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

170

RESOLVED on the motion of Councillors Gaffney and Longbottom that Environmental Services Division Report No. 19, 11 Cullen St Lane Cove be brought forward and dealt with immediately following Environmental Services Division Report No. 68.

 

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 - 2 MAY 2011

171

RESOLVED on the motion of Councillors Smith and Palmer  that the minutes of the Ordinary Council meeting held on the 2 May 2011 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).

172

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 2 May 2011 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).

 

Referred Reports FROM Planning and Building Committee 2 May 2011

 

Environmental Services Division Report No. 68

SUBJECT: 6 Lihon Street, Lane Cove West

 

MOTION

A Motion was moved by Councillors Longbottom and Bennsion that:-

1.      Council approve the Section 82A review to delete condition 2 and allow the Illawarra Flame tree to be removed; and

2.      A suitable local indigenous tree be selected by the owner and planted elsewhere on the property.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Forrest and Palmer that Council refuse the Section 82A review to delete condition 2 and allow the Illawarra Flame tree to be removed.

173

Extension of Time

RESOLVED on the motion of Councillors Longbottom 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).

174

Extension of Time

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

 

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

Against the Motion was Nil (Total 0).

175

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

 

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).

 

The Foreshadowed Motion lapsed.

 


Matter Arising

176

RESOLVED on the motion of Councillors Gaffney and Longbottom that a report on the tree and appropriate samples be provided to Council, when the tree is felled.

 

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. 19

SUBJECT: 11 Cullen Street, Lane Cove

 

MOTION

A Motion was moved by Councillor Longbottom and Smith that the development application for 11 Cullen St, Lane Cove be rejected on the basis of height, bulk, scale, privacy, loss of amenity, overshadowing, large footprint, and negative impact on neighbouring residents.

 

FORESHADOWED MOTION

A Motion was moved by Councillor Forrest and Tudge that the matter be deferred and referred to the next scheduled Inspection Committee meeting on 4 June 2011, and that appropriate height poles be erected at the site.  

 

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

 

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

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

The Mayor exercised a casting vote against the Motion and the Motion was declared lost.

 

The Foreshadowed Motion became the Motion

177

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

 

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. 18

SUBJECT: 3rd Quarter Review of the Management Plan 2010 - 2013

178

RESOLVED on the motion of Councillors Forrest and Palmer that the 3rd Quarter Review of the Management Plan 2010-2013 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. 19

SUBJECT: Bicycle Advisory Committee - Replacement of Community Representatives

179

RESOLVED on the motion of Councillors Palmer and Smith that Council appoint Margaret Burke and Melody Braithwaite as community representatives for the Bicycle 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).

ADJOURNMENT

The Mayor adjourned the Council Meeting at 8:39pm 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 1 hour.

 

RESUMPTION

The Council Meeting resumed at 8:39pm.

 

Corporate Services Division Report No. 20

SUBJECT: 3rd Quarter Review of the 2010 - 2011 Budget

180

RESOLVED on the motion of Councillors Bennison and Smith that the 2010 – 2011 Budget be varied as follows:-

AAS 27 Format

Original Budget

Sept 2010
Review

Dec 2010
Review

Mar 2011 Review

Revised Budget

Expense from Continuing Operations

$32,208,009

$200,846

$673,103

$196,000

$33,277,958

Revenue from Continuing Operations

$31,266,088

$97,000

$710,005

$207,970

$32,281,063

Surplus/ (Deficit)

$(941,921)

$(103,846)

$36,902

$11,970

$(996,895)

Capital Grants & Contributions

$2,068,712

$45,000

$160,000

$178,838

$2,452,550

Surplus/(Deficit)

$1,126,791

$(58,846)

$196,902

$190,808

$1,455,655

 

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. 21

SUBJECT: National General Assembly of Local Government 2011

181

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

  1. Council adopt the motion, The Federal Government take urgent action on introducing standards for importing, design, construction and use of electric bicycles.
  2. Councillor Tudge attend the National General Assembly of Local Government in Canberra 19-22 June 2011, as resolved at the Council meeting of 7 February 2011.
  3. Councillor Tudge network and support Hornsby Councils motion on Natural  Disaster Funding.
  4. Councillor Tudge report back to Council at its meeting of 4 July 2011.

 

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. 24

SUBJECT: Request for Power of Attorney

182

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

1.   Register a Power of Attorney limited to registering documents and authorise the position of General Manager to use this Power of Attorney for the registration of documents;

2.  Affix the Common Seal to the Power of Attorney; and

3.    Request the General Manager to advise Councillors when the Power of Attorney is exercised.

 

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. 16

SUBJECT: Sustainability Advisory Committee - Nomination of Community Representative

 

MOTION

A Motion was moved by Councillors Forrest and Palmer that Council:-

1.    Appoint Sjirk Bangma as a community representative for the Sustainability Advisory Committee;

2.    Place the other three nominees on an eligibility list for consideration should a further vacancy arise during the current term of the Sustainability Advisory Committee; and

3.    Notify all nominees of the outcome of the selection process and thank them for their interest in the Sustainability Advisory Committee.

 

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Bennison and Smith that Council:-

1.      Amend clause 5(a) of the Sustainability Advisory Committee Charter to allow the appointment of an additional community member;

2.      Appoint Trevor Hindson and Sjirk Bangma to the Sustainability Advisory Committee;

3.      Place the other two nominees on an eligibility list for consideration should a further vacancy arise during the current term of the Sustainability Advisory Committee; and

4.      Notify all nominees of the outcome of the selection process and thank them for their interest in the Sustainability Advisory Committee.

183

Extension of Time

RESOLVED on the motion of Councillors Brooks-Horn and Longbottom that an extension of 1 minute be granted to Councillor Bennison.

 

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

Against the Motion was Nil (Total 0).

184

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

 

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

Against the Motion were Councillors Bennison, Brooks-Horn and Smith (Total 3).

 

The Foreshadowed Motion lapsed.

 

Matter Arising

185

RESOLVED on the motion of Councillors Bennison and Longbottom that the Sustainability Advisory Committee be asked whether they require an additional community representative with financial, governance or other experience and a report come back to Council if the Charter requires amendment to account for this.

 

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. 17

SUBJECT: Draft Sustainable Events Policy

 

MOTION

A Motion was moved by Councillor Longbottom and Brooks-Horn that the adoption of the Sustainable Events Policy be deferred pending reappraisal of the document by staff.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Palmer and Forrest that Council:-

1.   Council adopt the draft Sustainable Events Policy dated 9 May 2011 for the purposes of public exhibition for a period of 6 weeks in accordance with the consultation strategy outlined in the report; and

2.   At the conclusion of the public exhibition period, a report be submitted to Council that outlines the submissions received and makes appropriate observations and recommendations for Council’s consideration.

186

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

 

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

Against the Motion were Councillors Forrest and Palmer (Total 2).

 

The Foreshadowed Motion lapsed.

 

 

CLOSE

 

The meeting closed at 9:30pm

 

Confirmed at the Ordinary Council Meeting of 6 June 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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