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Minutes

Ordinary Council Meeting

6 February 2012, 6:48pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 6 February 2012

Minutes

 

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor K. Mcilroy, and Councillor A. Smith.

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space and Urban Services, Executive Manager – Human Services, Manager – Strategic Planning and Governance Officer.

OPENING OF MEETING WITH PRAYER

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

APOLOGIES 

Apologies were received on behalf of Councillors Palmer and Tudge.

1

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

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, and Smith (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 - Update Report

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

 

 

No members of the public made representations.

 

CLOSED COMMITTEE

2

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

1.      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, Mcilroy, and Smith (Total 7).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:50pm.  The public and media left the chamber.

 

Open Council resumed at 7:00pm.  The public and media were invited into the chamber.

DECLARATIONS OF INTEREST: Nil

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 recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

 

Human Services Division Report No. 1

SUBJECT: Possums Corner Child Care Centre - Update Report

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

 

3

RESOLVED on the motion of Councillors Longbottom and Smith that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

4

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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, and Smith (Total 7).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

No members of the public made representations.

 

RESUMPTION OF STANDING ORDERS

5

RESOLVED on the motion of Councillors Smith and Bennison Standing Orders be resumed.

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 5 DECEMBER 2011

6

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 5 December 2011 be received.

 

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

Against the Motion was Nil (Total 0).

7

RESOLVED on the motion of Councillors Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 5 December 2011 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Reports Of Committees

 

Report Of Committees No. 1

SUBJECT: Inspection Committee Report - 4 February 2012

8

RESOLVED on the motion of Councillors Bennison and Forrest that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

 

Referred Reports FROM Inspection Committee 04 February 2012

 

Environmental Services Division Report No. 3

SUBJECT: 21 Dunois Street, Longueville

9

RESOLVED on the motion of Councillors Forrest and Longbottom that pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D287/01 granted on 12 December 2001 and subsequently modified on 24 November 2003 for a residential development at 21 Dunois Street Longueville is amended in the following manner:-

A.        Amend Condition 1 as follows:-

·         The trafficable and useable recreational terrace on the roof is to be restricted to the area behind the stainless steel balustrade that is to be located 3.5m measured from the outside edge of the northern side and 2.0m measured from the inside edge of the eastern side dwelling external parapet walls.

·         The drawing number DA01 as submitted with the Sec.96 Modification application be amended as indicated above.

·    The amended drawings to be submitted to the Council prior to the installation of new stainless balustrade.

·         The works be completed within 12 weeks of the receipt of the letter of approval.

B.        Delete Condition 48:-

“The shade sails be maintained at all times over the non trafficable roof areas to prevent access.”

 

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

Against the Motion was Nil (Total 0).


Notices of Motion

 

Notice of Motion No. 1

SUBJECT: Recycling Facilities for Small Businesses

10

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

1.            Consideration of the motion be deferred; and

2.            A report be submitted to Council regarding the provision of a Council funded recycling program for small businesses, such as cafes and restaurants, which could help minimise the amount of glass and plastic containers ending up in landfill. This could be implemented by providing individual bins or a number of centralised bins placed in near proximity to cafe/restaurants and other large users of recyclable containers.

 

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

Against the Motion was Nil (Total 0).

 

Matter of Urgency

The Mayor ruled the following to be a Matter of Urgency.

11

RESOLVED on the motion of Councillors Bennison and Longbottom that Council ask NSROC, at its meeting on Thursday 9 February, if they would consider requesting the LGSA to:-

1.            Provide a copy of the request for advice to Fair Work Australia; and

2.            Obtain legal advice to determine if and to what extent the Constitution could be changed to redress the quorum concerns experienced at the last conference.

 

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

Against the Motion was Nil (Total 0).

 

 

Notice of Motion No. 2

SUBJECT: Disparity in Reporting Obligations for Not-for-Profits

12

RESOLVED on the motion of Councillors Bennison and Longbottom that Council write to the Minister for Fair Trading the Hon. Anthony Roberts and make representations on behalf of Lane Cove not-for-profit’s and other not-for-profit’s in the state that:-

1.      The current reporting requirement for Incorporated Associations in NSW be reviewed and consideration be given to aligning these to that of Companies Limited by Guarantee;

2.      Similar to Companies Limited by Guarantee that members of the Institute of Chartered Accountants, CPA Australia and National Institute of Accountants can perform reviews however Incorporated Associations requiring an Audit, this can only be done by Registered Company Auditors.

 

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

Against the Motion was Nil (Total 0).

 


 

Notice of Motion No. 3

SUBJECT: Lane Cove Charity

13

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

1.      The General Manager seek advice and report back to Council to determine if there is any legal impediment to Council owning and operating a Charity;

2.      If the answerer to (1.) is yes, then a detailed report be prepared which includes the following information:-

a.   Options as to the legal structure including draft constitution;

b.   Reporting requirements;

c.   Estimated operating costs;

d.   Confirmation from the ATO regarding eligibility in obtaining DGR status;

e.   Which of the known community groups would be eligible for DGR status that would be eligible to receive donations;

f.    Options for marketing; and

g.   Other information.

3.      Councillors be given the opportunity to participate in researching the report outlined above.

 

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

Against the Motion was Nil (Total 0).

 

Notice of Motion No. 4

SUBJECT: Marshall Ave, St Leonards

14

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that a report be submitted to the next Council meeting showing details regarding:-

1.      The proposed changes to the LEP and DCP as discussed by the residents of 2,4,6,8 Marshall Ave, 2 Holdsworth Ave and 1,3,5 Canberra Ave; and

2.      The pros and cons of the proposal and the effect to the surrounding area.

 

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

Against the Motion was Nil (Total 0).

 

General Managers Reports

 

General Managers Report No. 1

SUBJECT: Council Snapshot

15

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

 

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

Against the Motion was Nil (Total 0).

 


 

Corporate Services Division Reports

 

Corporate Services Division Report No. 1

SUBJECT: 2nd Quarter Review of the 2011-2013 Delivery Program and Operational Plan

16

RESOLVED on the motion of Councillors Smith and Mcilroy that the 2nd quarter review of the 2011-2013 Delivery Program and Operational Plan be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

Corporate Services Division Report No. 2

SUBJECT: 2nd Quarter Review of the 2011 - 2012 Budget

17

RESOLVED on the motion of Councillors Longbottom and Mcilroy that the 2011 – 2012 Budget be varied as follows:-

 

 

Original Budget

Qtr 1 Adjustment

Qtr 2 Adjustment

Revised Budget

Expenditure

$33,885k

$376k

$90k

$34,351k

Revenue

$34,855k

$610k

$1,064k

$36,529k

Surplus/ (Deficit)

$970k

$234k

$1,011k

    $2,178k

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 1

SUBJECT: Lane Cove Traffic Committee Meeting held Tuesday 20 December 2011

18

RESOLVED on the motion of Councillors Smith and Mcilroy that the recommendations of the Lane Cove Traffic Committee held Tuesday 20 December 2011 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

SUBJECT: NEW YEARS EVE

19

RESOLVED on the motion of Councillors Smith and Longbottom that Council undertake a review of New Years Eve arrangements at Greenwich with a view to minimising alcohol related antisocial behaviour at future celebrations.

 

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

Against the Motion was Nil (Total 0).

 


 

Open Space and Urban Services Division Report No. 2

SUBJECT: Lane Cove Pedestrian Access and Mobility Plan (PAMP)

20

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

1.      The Lane Cove PAMP study preliminary report be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report.

2.      A further report be submitted to Council following the exhibition period to consider the results of the community consultation.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 3

SUBJECT: ALGA Roads to Recovery Campaign

21

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Council write to the Honourable Joe Hockey, Federal Member for North Sydney , indicating Council’s strong support for the continuation of the Roads to Recovery Program on a permanent basis in its current format.

 

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

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 4

SUBJECT: Boat and Trailer Parking on Public Roads

22

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

1.      Council support a proposal to amend Regulation 200 of the NSW Road Rules 2008, so that time limits are placed on the parking of registered trailers, boat trailers and advertising trailers in built up areas, subject to residents being permitted to park boats and trailers within 500m of their residence, provided they obtain a permit from their local Council.

2.      This matter be referred to NSROC for their consideration and action so that a regional response can also be provided to Woollahra Municipal Council on this request.

 

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

Against the Motion was Nil (Total 0).

 


 

Open Space and Urban Services Division Report No. 5

SUBJECT: Courtesy Bus Levy Consultation Report

 

MOTION

A Motion was moved by Councillors Longbottom and Brooks-Horn that:-

1.      Council not proceed with the introduction of a Courtesy Bus Levy for rate payers in Lane Cove West Business Park due to a lack of support from the local business community.

2.      Stakeholders and the wider public to be informed by letter and press release of Council’s decision.

3.      Council ask Sydney Buses to conduct a trial service using the identified Express route, and consider if necessary, a joint arrangement including Council advertising the service to maximise effectiveness.

4.      Council seek the support of NSROC and the Minister for Transport, The Hon. Gladys Berejiklian MP and the local member The Hon. Anthony Roberts MP for changes to the Passenger Transport Act 1990 to permit bus services to be operated for a fee in competition with Sydney Buses, where Sydney Buses have declined to provide the service and there is a public benefit in the service being provided.

 

AMENDMENT

An Amendment was moved by Councillors Forrest and Mcilroy that:-

1.      Council not proceed with the introduction of a Courtesy Bus Levy for rate payers in Lane Cove West Business Park at this time due to a lack of support from the local business community.

2.      Council undertake further consultation with property owners with a view to engaging a wider proportion of property owners and to dispel misinformation.

3.      Council ask Sydney Buses to conduct a trial service using the identified Express route, and consider if necessary, a joint arrangement including Council advertising the service to maximise effectiveness.

4.      Council seek the support of NSROC and the Minister for Transport, The Hon. Gladys Berejiklian MP and the local member The Hon. Anthony Roberts MP for changes to the Passenger Transport Act 1990 to permit bus services to be operated for a fee in competition with Sydney Buses, where Sydney Buses have declined to provide the service and there is a public benefit in the service being provided.

5.      Stakeholders and the wider public to be informed by letter and press release of Council’s decision.

 

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

For the Motion were Councillors Forrest and Mcilroy (Total 2).

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

23

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 and Mcilroy (Total 2).

 


 

Environmental Services Division Reports

 

Environmental Services Division Report No. 1

SUBJECT: Draft Private Principle Certifying Authority Complaints Policy

24

RESOLVED on the motion of Councillors Smith and Mcilroy that Council adopt the Draft Private Principal Certifying Authority Complaint Policy which discusses the roles and responsibilities of Council and the P.C.A. (Principal Certifying Authority) to explain how Council will handle complaints.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 2

SUBJECT: LEP Amendment - Open Space

25

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

1.      Submit a planning proposal to correct mapping anomalies in LEP 2009 as identified in the maps attached at AT-1 to the Report; and

2.      Update the Community Land Management Plan to (i) categorise Areas 3 and 8 as “park” and (ii) delete Area 6, to reflect existing uses.

 

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

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Report No. 4

SUBJECT: Issues Paper of the NSW Planning System Review

26

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the Issues Paper of the NSW Planning System Review ‘The Way Ahead for Planning in NSW’ be noted.

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 7:44pm.

 

Confirmed at the Ordinary Council Meeting of 5 March 2012, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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