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Minutes

Ordinary Council Meeting

15 April 2013, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 15 April 2013

Minutes

 

PRESENT: Councillor S. Bennison (Chair), Councillor K. Brent, Councillor D. Brooks-Horn, Councillor S. Cheong, Councillor M. Gold, Councillor D. Hutchens, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.

 

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

DECLARATIONS OF INTEREST

The Mayor, Councillor Bennison, declared a pecuniary interest in the Nominations for the Aboriginal Advisory Committee as one of the nominees Margret Campbell is a client of his business. He indicated he would leave the meeting when Margret Campbell’s nomination was being considered and not discuss or vote on her nomination.

 

Councillor Cheong declared a non-pecuniary conflict of interest in 1-25 Marshall Avenue, St Leonards Planning Proposal as he is a member of the JRPP and has considered Development Applications in relation to Marshall Avenue.  He indicated he would leave the meeting and not discuss or vote on the matter.

 

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.

 

SUSPENSION OF STANDING ORDERS

58

RESOLVED on the motion of Councillors Bennison 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 Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Sean Macken representing 2-4 Pacific Highway, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

David Johnston of Park Road, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Peter Smiles of Holdsworth Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Peter Klug of Marshall Avenue, St Leonards and representing Marshall Avenue Action Group in relation to the motion on Marshall Avenue, St Leonards.

 

Brent Wilson of Canberra Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Doug Stuart of William Edward Street, Longueville in relation to 266 Longueville Road, Lane Cove.

 

Don Murchinson of Innes Road, Greenwich in relation to street trees.

 

Mark Hughes of Holdsworth Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Tony Wright of Canberra Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards

 

Wendy Stamp representing St Leonards/Wollstonecraft Residents Association in relation to the motion on Marshall Avenue, St Leonards

 

Peter McConaghy of Holdsworth Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards

 

Albert Dugan of Berry Rd, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Regan Bull of Holdsworth Avenue, St Leonards and representing Greenwich Public School in relation to the motion on Marshall Avenue, St Leonards.

 

Pru Quinlan of Canberra Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Terry Jones of Bellevue Avenue, Greenwich in relation to the motion on Marshall Avenue, St Leonards.

 

Vic Chau of Holdsworth Avenue, St Leonards in relation to the motion on Marshall Avenue, St Leonards.

 

Rob Turchini of Loftex Developments in relation to the motion on Marshall Avenue, St Leonards.

 

Steve Dammerer of Canberra Avenue in relation to the motion on Marshall Avenue, St Leonards.

 

RESUMPTION OF STANDING ORDERS

59

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

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 MARCH 2013

60

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 18 March 2013 be received and confirmed subject to resolution 4 of Minute No.43 for 1-25 Marshall Avenue St Leonards Planning Proposal being amended to The St Leonards Precinct Working Party be involved in the development of the DCP.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 


 

Matter of Urgency

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

BIRDWOOD AVENUE AND LONGUEVILLE ROAD INTERSECTION

61

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council write to Roads and Maritime Services requesting urgent action in relation to traffic lights at the intersection at Birdwood Avenue and Longueville Road in light the most recent accident involving a pedestrian being struck by a vehicle at this intersection.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

62

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the Rescission Motion and Notice of Motion in relation to the Planning Proposal for 1-25 Marshall Avenue, St Leonards be brought forward.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Councillor Cheong left the meeting.

 

Notices of Rescission

 

1-25 Marshall Ave St Leonards Planning Proposal - Rescission

63

RESOLVED on the motion of Councillors Palmer and Brent that Council rescind its decision made on 18 March 2013 in relation to the Marshall Ave Planning Proposal, viz:-

“That Council:-

1.  Not proceed with the Planning Proposal for 1-25 Marshall Avenue, St Leonards and thereby retain the current controls over the site; and

2.  Continue with the St Leonards Masterplan and include 1-25 Marshall Avenue development in this plan.”

 

For the Motion were Councillors Palmer, Brent, Gold, Hutchens, Strassberg and Bennison (Total 6).

Against the Motion were Councillors Brooks-Horn and Karpin (Total 2).

Absent was Councillor Cheong (Total 1).

 

1-25 Marshall Ave, St Leonards Planning Proposal - Approval

 

MOTION

A motion was moved by Councillors Palmer and Brent that:-

1.   Council adopt the exhibited amendments to the Lane Cove Local Environmental Plan 2009 relating to 1-25 Marshall Avenue, St Leonards, subject to the proposed building height map showing the height of the eastern portion reduced from 78m to 65m;

2.   The Department of Planning & Infrastructure be requested to finalise the Planning Proposal LEP Amendments;

3.   Council indicate it will only consider any further height increase if the applicant enters into a suitable Voluntary Planning Agreement (VPA) to enhance the public domain in the vicinity of the site;

4.   Development Control Plan amendments be prepared in an appropriate timeframe supporting the finalisation of the LEP amendments for the subject site; and

5.   The St Leonards Community Liaison Committee be involved in the development of the DCP.

Extension of Time

64

RESOLVED on the motion of Councillors Bennison and Strassberg that Councillor Palmer be given an extension of three (3) minutes.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

Extension of Time

65

RESOLVED on the motion of Councillors Bennison and Gold that Councillor Strassberg be given an extension of one minute.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

Extension of Time

66

RESOLVED on the motion of Councillors Gold and Strassberg that Councillor Bennison be given an extension of two minutes.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

67

Upon being put to the meeting the motion was declared carried

 

For the Motion were Councillors Palmer, Brent, Gold, Hutchens, Strassberg and Bennison (Total 6).

Against the Motion were Councillors Brooks-Horn and Karpin (Total 2).

Absent was Councillor Cheong (Total 1).

 

Adjournment

68

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council be adjourned for 5 minutes.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

 

Councillor Cheong returned to the meeting.


 

Resumption

69

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the meeting be resumed.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Petitions

 

Petition Received - Parking in Cope Street, Lane Cove West

70

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

1.  Council prepare a report for the Traffic Committee for consideration of the request for a Residential Parking Scheme in Cope Street, Lane Cove West.

2.  The Head Petitioner be informed of Council’s decision.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Dettmann Avenue - Petition on Road Condition

71

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the Head Petitioner be informed of Councils Asset Management Plan and the proposed timetable for work in Dettman Avenue.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Petition Received - Parking in Wilona Avenue, Greenwich

72

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

1.  Council prepare a report for the Traffic Committee for consideration of the request for a Residential Parking Scheme on the western side of Wilona Avenue, Greenwich.

2.  The Head Petitioner be informed of Council’s decision.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 


 

Notices of Motion

 

Lift for Longueville Road Pedestrian Bridge

73

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

1.   The General Manager write to Roads and Maritime Services requesting improvements to the reliability of the lift to the Longueville Road pedestrian overpass.

2.   A report come back to Council about the lifts in the Longueville Road pedestrian overpass showing the periods during which each of the lifts has not been working over the past three years and reasons for the breakdowns.

3.   The report to include information about the obligations of the parties responsible for the operation of the lift.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

RELIABILITY OF LIFTS IN MARKET SQUARE CARPARK

74

RESOLVED on the motion of Councillors Brent and Palmer that a report be prepared about the reliability of the lifts in the Market Square Carpark and Council investigate alternative arrangements for pedestrian access in and out of Market Square when the lifts are broken.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Dog Walking Companies in Lane Cove

75

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that Council receive a report on how Council's Open Space is used by dog walking businesses which addresses the following issues:-

1.  The number of animals allowed per walker;

2.  The responsibilities of the walker as far as safety and public health is concerned;

3.  If these dog walking businesses have appropriate public liability insurance in line with Council's requirement; and

4.  If  these businesses have to register with Lane Cove Council as they are a commercial business using Council's off-leash areas for profit.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 


 

Officer Reports for Determination

 

LEP Amendment: 266 Longueville Road Planning Proposal

76

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

1.  Council adopt the Planning Proposal for submission to the Department of Planning and Infrastructure for Gateway approval to rezone the portion of 266 Longueville Rd west of the E2 Environmental Conservation Zone to R4 High Density Residential, with an FSR of 1.1:1 and a height of RL 65.5.

2.  Council commence the process to reclassify the portion of 266 Longueville Rd west of the E2 Environmental Conservation Zone from Community to Operational, with interests changed and reserve status removed, under the Local Government Act 1993 and Environmental Planning & Assessment Act 1979.

3.  Site-specific planning controls be prepared for 266 Longueville Rd for incorporation within the Lane Cove Development Control Plan when the LEP amendment comes into effect.

4.  An independent traffic assessment be undertaken following Gateway approval, but prior to the formal exhibition commencing, taking into account the traffic impacts of the site and proposals and developments in the precinct generally.

5.  The Planning Proposal Report delete any reference to the Northwood Local Centre.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Nominations for Community Members on Council's Aboriginal Advisory Committee

77

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

  1. Council endorse Gavin Brown, Dale McLeod, Ricky Lyons, Peter Michael Shine, Natalie Ahmat, Michelle Dickson, Leslie Shaynee McLeod, Shane Phillips and Max Harrison with the nomination of Margret Campbell to be dealt with separately;
  2. The first meeting of the committee be convened within one month from now;
  3. That all Council matters relating to Aboriginal issues be referred to the new Committee;
  4. Ricky Lyons from Metro LALC be appointed chairperson in the interim until the new Committee has met;
  5. All nominees be advised of Council’s decision; and
  6. Councillors Bennison and Karpin be appointed to the Committee.

Procedural Motion

78

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that in relation to the Nominations for Community Members on Council’s Aboriginal Advisory Committee that Council consider the nomination of Margret Campbell separately.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

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

 

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

Councillor Bennison left the Meeting.

79

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Margret Campbell be appointed to the Aboriginal Advisory Committee.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the Meeting.

 

Proposed Sister Cities Policy - Consultation Results

 

Motion

A Motion was moved by Councillors Palmer and Brent that Council not proceed with the Amended Draft Sister Cities Policy dated 21 November 2012 shown attached as AT-1 and not form a relationship with Hu Zhou.

 

Foreshadowed Motion

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

  1. Council proceed with the Amended Draft Sister Cities Policy dated 21 November 2012 shown attached as AT-1 and form a relationship with Hu Zhou;
  2. A report come back dealing with the community concerns about costs and determine ways of mitigating these costs; and
  3. This Policy be reviewed in 12 months time.

 

Extension of Time

80

RESOLVED on the motion of Councillors Gold and Brooks-Horn that Councillor Bennison be given an extension of two minutes.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

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

 

For the Motion were Councillors Palmer, Brent and Strassberg (Total 3).

Against the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin and Bennison (Total 6).

 

81

The Foreshadowed Motion became the Motion.

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

 

For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 7).

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

 


 

No Smoking Legislative Changes - Signage Strategy

82

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

1.   The “Lets Clear the Air” design be used for the no smoking signage in the Lane Cove CBD and surrounding areas;

2.   The signage strategy be implemented as outlined in the report; and

3.   Council investigate advertising in Council bus shelters as part of the signage strategy.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Nature Strip Planting on Greenwich Rd

83

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

1.    Council proceeds with enforcing the Order for the removal of all plant material, mulch etc from the nature strip area in front of the property at 90 Greenwich Rd; and

  1. Any future enforcement issues in relation to Nature Strip Planting be delegated to the General Manager.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Competition to Rename the Lane Cove Seniors Centre

84

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

  1. Council refer to the Lane Cove Seniors Centre as the ‘Lane Cove Living and Learning Centre’; and
  2. The formal name of the building remain The Queen Elizabeth, The Queen Mother Centenary Centre’.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Christmas Lights Competition

85

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that Council organise a Christmas Lights competition for Lane Cove residents.

 

For the Motion were Councillors Brooks-Horn, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Councillor Palmer (Total 1).

 


 

RecycleSmart Household Waste Diversion Research

86

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

1.  Council endorse the three (3) months Household Waste Diversion Research Program proposed by RecycleSmart Pty Ltd; and

2.  A report be submitted to Council at the conclusion of the 3 month trial on the outcomes of the research program.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Lane Cove Traffic Committee Meeting held on Tuesday 26 March 2013

87

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 26 March 2013.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

COLES CARPARK – TRAFFIC MOVEMENTS

88

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

  1. A report be prepared for consideration by the Traffic Committee on removing the tree and widening the kerb to improve traffic flow through the Coles Carpark; and
  2. A report come back to Council on the number of Seniors parking spaces available in the parking areas behind Coles.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Draft Lane Cove River Estuary Coastal Zone Management Plan

89

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

1.  Adopt the Draft Lane Cove River Estuary Coastal Zone Management Plan dated March 2013 for the purposes of public exhibition;

2.  Place the Draft Lane Cove River Estuary Coastal Zone Management Plan on public exhibition for 6 weeks in accordance with the Consultation Strategy outlined in the report; and

3.  Receive a further report following the exhibition period to consider the results of the community consultation.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 


 

Amended Privacy Management Plan

90

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

1.  Adopt the Amended Privacy Management Plan dated 15 April 2013 and shown attached as AT-1 and update Council’s Policy Manual; and

2.  Send a copy of the Adopted Privacy Management Plan to the NSW Privacy Commissioner.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Greenwich Preschool New Crossing

91

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that Council receive and note the report.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

PEDESTRIAN REFUGE ADJACENT TO Greenwich Preschool

92

RESOLVED on the motion of Councillors Palmer and Brent that a report be referred to the Traffic Committee on relocating the pedestrian refuge near the intersection of Oscar Street and Greenwich Road, to better serve the Preschool.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Council Snapshot

93

RESOLVED on the motion of Councillors Karpin and Brooks-Horn that Council receive and note the report.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 10.05pm.

 

Confirmed at the Ordinary Council Meeting of 20 May 2013, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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