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Minutes

Ordinary Council Meeting

20 June 2011; 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 20 June 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, and Councillor A. Smith.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Acting Executive Manager – Human Services, Manager –  Special Projects and Office Manager – Corporate Services.

DECLARATIONS OF INTEREST:

Councillor Smith declared a pecuniary interest in Human Services Division Report No. 12, Tender for the Operation of the Lane Cove Aquatic Leisure Centre, as her nephew is currently employed by Bluefit Pty Ltd, the existing operator of the Centre.  She indicated she would not discuss or vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillor Tudge.

205

RESOLVED on the motion of Councillor Palmer and Mcilroy that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Geoff Leader from St Aidan’s Anglican Church, Longueville.

 

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

206

RESOLVED on the motion of Councillors Palmer and Mcilroy 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 and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Bill Wallace, Lane Cove Town Crier, supporting the suggestion for Lane Cove to host the 2012 Australian National Town Criers Championship.

Kylie Bryden-Smith, 31A Johnston Cr Lane Cove, opposed to the reduction of Council meetings and discontinuation of Committee meetings as discussed in Corporate Services Division Report No. 25 at the previous meeting on 6 June 2011 and opposed to proposed changes to the public forum as addressed in Corporate Services Division Report No. 29.

Theresa Cox, 66 Gordon Crescent Lane Cove, opposed to imposing restrictions on the format of the public forum recommended in Corporate Services Division Report No. 29 but supporting pre-registering of speakers.

Terry Jones, Bellevue Ave Greenwich, opposed to imposing restrictions on the public forum as addressed in Corporate Services Division Report No. 29.

Ros Noone, 15 Campbell Ave Lane Cove, on behalf of the Osborne Park Progress Association, opposed to the proposed changes to the public forum recommended in Corporate Services Division Report No. 29.

Margaret Stuart, 67 Johnston Crescent Lane Cove, expressing concerns with the proposed changes to the public forum recommended in Corporate Services Division Report No. 29 suggesting no changes but rather stricter adherence to the 3 minute time restriction.

Candy Braithwaite, 7 Glenview St Greenwich, opposed to the proposed changes to the public forum recommended in Corporate Services Division Report No. 29 but supporting stricter adherence to the 3 minute time restriction.

Corinne Fagueret, 2/4 Austin Crescent Lane Cove, expressing concerns with the proposed changes to the public forum recommended in Corporate Services Division Report No. 29.

Frances Vissel, Stringybark Creek Residents Association, opposed to the trial discontinuation of the Planning and Building Committee and opposed to the proposed changes to the public forum recommended in Corporate Services Division Report No. 29.

Doug Stuart, 21A William Edward St Longueville, opposed to imposing restrictions on the public forum as addressed in Corporate Services Division Report No. 29.

Merri Southwood, Greenwich Community Association, opposed to the proposed changes to the public forum recommended Corporate Services Division Report No. 29 and suggesting the formation of a working party that can work to improve the public forum process into the future.

Neil Cooper, 18 Haughton St Linley Point, opposed to the proposed changes to the public forum recommended in Corporate Services Division Report No. 29.

 

RESUMPTION OF STANDING ORDERS

207

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Standing Orders be resumed.

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 6 JUNE 2011

208

RESOLVED on the motion of Councillors Palmer and Mcilroy that the minutes of the Ordinary Council meeting held on the 6 June 2011 be received.

 

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

Against the Motion was Nil (Total 0).

209

RESOLVED on the motion of Councillors Palmer and Mcilroy that the minutes of the Ordinary Council meeting held on the 6 June 2011 be confirmed.

 

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

Against the Motion was Nil (Total 0).

Orders Of The Day

Order Of The Day No. 11

SUBJECT: Council and Committee Meeting Schedule - July 2011 

210

RESOLVED on the motion of Councillors Mcilroy and Smith that the Council and Committee Meeting Schedule for July 2011 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

General Managers Reports

 

General Managers Report No. 12

SUBJECT: Suggestion for Lane Cove to host the 2012 Australian National Town Criers Championship

211

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

1.   Strongly support hosting the Australian National Town Crier’s Championship in Lane Cove in 2012 as part of the 2012 Cameraygal Festival and provide up to $2000 towards the event; and

2.   Thank Mr Wallace for his efforts as Town Crier and his suggestion of Lane Cove hosting the 2012 Australian National Town Criers Championship.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

212

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Corporate Services Division Report No. 29 be brought forward and dealt with at this time.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 29

SUBJECT: Review of Public Forum

213

RESOLVED on the motion of Councillors Longbottom and Palmer that no changes to the current practice be implemented.

 

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

Against the Motion was Nil (Total 0).

 


 



General Managers Report No. 13

SUBJECT: Proposed Part Road Closure of Little Lane, Lane Cove

214

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

1.    Having considered the issues raised in the submissions and/or objections received in relation to the  Little Lane part road closure proposal as outlined in this report, request the NSW Land and Property Management Authority Crown Lands to approve the part road closure and effect gazettal, noting that:-

a)   Ausgrid’s approval is conditional on the relocation of the affected street lighting infrastructure prior to construction of any proposed redevelopment;  

b)   Sydney Water’s approval is subject to obtaining Development Consent for any proposed redevelopment and the imposing of requirements through a Section 73 Application; and

2.    Authorise the General Manager to execute the Stratum Plan of Subdivision and all other necessary documents for the Little Lane part road closure proposal and, if required, use Council’s Seal or Power of Attorney.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 28

SUBJECT: Determination of Local Government Remuneration Tribunal for Councillor Fees

215

RESOLVED on the motion of Councillors Longbottom and Forrest that Council increase the remuneration fee to be paid to the Mayor and Councillors for 2011/2012 by 4.2%.

 

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

Against the Motion was Councillor Palmer (Total 1).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 15

SUBJECT: Proposed Lane Cove Carshare Scheme

216

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

1.      Point 3 under ‘Application’ in the draft Car Share Policy dated 14 June 2011, shown attached as AT-1, be amended to stipulate a ‘Green Vehicle Guide Rating > 6’;

2.      Council support the Car Share Scheme in Lane Cove with the retention of the existing parking space in the Town Centre;

3.      The draft Car Share Policy dated 14 June 2011 shown attached as AT-1, as amended by point 1, be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report;

4.      A further report be submitted to Council following the exhibition period;

5.      The public exhibition provide the community the opportunity to comment on whether a market rent should be charged for the car space in Rosenthal Avenue or any other future car spaces allocated for a car share scheme, to form part of the further report to Council.

6.      Council enter into a formal agreement with Go Get for the use of the car space with the new Car Share Scheme Policy forming part of the essential terms of the agreement.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: UPTAKE OF LANE COVE CARSHARE SERVICE

217

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council consult with the current provider and neighbouring councils regarding improving the appeal and uptake of the Lane Cove carshare service.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: STATISICS ON CARSHARE UTILISATION

218

RESOLVED on the motion of Councillors Bennison and Gaffneythat Council liaise with the current provider to obtain statistics regarding the utilisation of Lane Cove’s car share service and that such provision of statistics form part of the essential terms of the agreement.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 19

SUBJECT: Telecommunications Facility Proposal - Trouve Street, Lane Cove

219

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

1.  Council write to Total Communication Infrastructure Pty Limited (TCI) advising of the proposed changes to the legal agreement, as suggested by Council’s in-house solicitor;

2.  Council accept the valuation of $15,000 per annum, as prepared by Chaloner Valuations for the site area required for the proposed telecommunications facility at Trouve Street, Lane Cove and notify TCI of this valuation;

3.  A further report come to Council following the community consultation process, including Optus’ intentions with the proposed telecommunications facility in Trouve Street, Lane Cove; and

4.  Council write to TCI and request they advise Council in writing answers to the following specific questions:-

a)      Will the device receive signals from 360 degrees?

b)      Will the device be attached to the existing telegraph pole? If so, then please provide Council with the answers having regard to the 10 metres safety zone that is required:-

                                 i.            Do they intend to block off pedestrian access given that the site would need to be fenced off (east) to comply with minimum safety distance?

                               ii.            If answer to (4)(b)(i) is yes, then do they intend to divert pedestrian access around the perimeter of the site?

                              iii.            As traffic, including cyclists, travelling east along River Road sometimes come to a standstill, would these motorists be exposed and provide a safety risk?

c)      If a safety fence was erected 10 metres from the road edge adjacent to the houses in Trouve Street, the lease mentions that Optus has the right under clause 5.2 to use adjoining land during the operation of the facility. (Also 5.7 refers to use of land adjoining and adjacent to the site to erect guy anchors and guy wires). As this will require use of the existing road that the residents use what impact will this have on residents with regard to access to their properties?

d)      Has TCI considered OH&S issues regarding anchors on public roads and to what extent would Optus be prepared to indemnify Council for any loss or damage resulting from the use of the adjoining or adjacent land?

e)      Does TCI have a separate lease with Energy Australia for  the use of their pole?

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: CONSTRUCTION OF FURTHER KIOSK SUBSTATIONS IN LANE COVE

220

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council write to Ausgrid regarding their plans for the construction of further kiosk substations within the Lane Cove LGA.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: CONSTRUCTION OF FURTHER TELECOMMUNICATIONS FACILITIES IN LANE COVE

221

RESOLVED on the motion of Councillors Palmer and Forrest that Council write to Optus, Telstra and Vodafone regarding their plans for the construction of further telecommunications facilities within the Lane Cove LGA.

 

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

Against the Motion was Nil (Total 0).

 


 

Environmental Services Division Reports

 

Environmental Services Division Report No. 26

SUBJECT: Delegated Authority Report - May 2011

222

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

 

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

Against the Motion was Nil (Total 0).

 

 Human Services Division Reports

 

Procedural Motion

 

A Motion was moved by Councillors Forrest and Palmer that Human Services Division Report No. 7 be voted on ad seriatim.

 

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

 

For the Motion were Councillors Forrest, Mcilroy and Palmer (Total 3).

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

 

Human Services Division Report No. 7

SUBJECT: Request to Northern Sydney Regional Organisation of Councils (NSROC) to Fund Aboriginal Education

223

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

1.            Grant financial assistance of $800 towards the program subject to public notice being given and no objections being received;

2.            Send a copy of our report to member Councils of NSROC and request a similar contribution to contribute towards the employment of a teacher; and

3.            Review the education component of the Northern Sydney Aboriginal Social Plan and prepare a report to Council prior to the proposal being presented to NSROC that would provide a more focused long term solution to the education needs of Aboriginal students in the NSROC area.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: Aboriginal Education working party

224

RESOLVED on the motion of Councillors Palmer and Smith that a working party be formed to investigate the matters raised in point 3 of the previous minute (No. 224) and that future requests for financial assistance of the Aboriginal Education Program at Marsden School  be added to Councils Community Financial Assistance Grants program.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

225

RESOLVED on the motion of Councillors Brooks-Horn and Mcilroy that the Services and Resources Committee items be moved into Open Council and dealt with as the last item on the agenda.

 

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

Against the Motion was Nil (Total 0).

 

Human Services Division Report No. 8

SUBJECT: Report on the Lane Cove Seniors Survey and Programmes

226

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the report be received and noted and staff be congratulated on their work.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Ann Smith reaffirmed her interest and left the meeting, the time being 8:53pm.

 

Human Services Division Report No. 9

SUBJECT: Tender for the Operation of the Lane Cove Aquatic Centre

227

RESOLVED on the motion of Councillors Longbottom and Gaffney that having regard to the issues outlined in the report, Council adopts the Tender Review Panels recommendation that:-

1.            Council note that the tender process in this instance has not achieved a suitable financial return to level of service outcome.

2.            Council reject all tenders and as Council has called tenders and identified suitable organisations in the Aquatic Centre management market, rather that call fresh tenders, enter into direct negotiations with all tenderers to improve the financial return to level of service outcomes.

3.            The General Manager be authorised to conduct such negotiations and a further report be submitted to Council outlining the results of the negotiations.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Smith returned to the meeting, the time being 8:57pm.

 

SERVICES AND RESOURCES COMMITTEE Reports

 

Corporate Services Division Report No. 29

SUBJECT: Statement of Investments as at 31 May 2011

228

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the report “Statement of Investments as at 31May 2011” be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 30

SUBJECT: Legal Expenses for May 2011

229

RESOLVED on the motion of Councillors Smith and Mcilroy that the Legal Expenses for May 2011 be received and noted.

 

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

Against the Motion was Nil (Total 0).

  

 

CLOSE

 

The meeting closed at 9:00pm.

 

Confirmed at the Ordinary Council Meeting of 18 July 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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