Ordinary Council Meeting
18 May 2015
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
PRESENT: Councillor Brooks-Horn (Chair), Councillor Brent, Councillor Bennison, Councillor Cheong, Councillor Gold, Councillor Hutchens, Councillor Karpin and Councillor Palmer.
ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects and Governance Officer.
Councillor Palmer declared a non-pecuniary conflict of interest that was non-significant in relation to the item Council Financial Assistance Grants 2015-16 as she is a board member for the Greenwich Community Centre and her husband is a Board Member of the Greenwich Sailing Club. She indicated that she would exit the Chamber and abstain from any debate and voting but requested that the items be voted on separately so that she could participate in voting on other matters.
Note later in the meeting Councillor Bennison declared a pecuniary interest in relation to the item Council Financial Assistance Grants 2015-16 as he is the auditor of the Lane Cove Occasional Childcare Centre.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Karen Paull, Community Chaplain, from the Lane Cove Uniting Church.
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.
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:
Officer Report for Determination No. 29 |
SUBJECT: Appointment of Executive Manager Open Space and Urban Services (OSUS) Division It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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.
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No members of the public made representations.
Closed Committee commenced at 6:42pm. The public and media left the chamber.
Open Council resumed at 6:56pm. The public and media were invited into the chamber.
Confidential Items
The General Manger read the recommendations of the Item considered in Closed Committee prior to Council’s consideration:
Morris Matthews of Lane Cove, President of Greenwich Sailing Club expressing gratitude to Council for their consideration of the club for a Financial Assistance Grant.
Don Murchison of Greenwich asking Council to consider more funding for bicycle infrastructure as part of the expert review panel for the sustainability levy and to request Council review funding for bushland management at the Bushland Park to allow for species such as the Hygrocybe to continue to thrive there.
Craig Hendricks of St Leonards speaking in support of the St Leonards South Draft Master Plan and asking Council to consider extending the scope of the rezoning contained within the St Leonards South Draft Master Plan to include Berry Road West and Park Road East and up to Greenwich Road.
Peter Garner of St Leonards speaking in support of the St Leonards South Draft Master Plan and asking Council to consider extending the scope of the rezoning contained within the St Leonards South Draft Master Plan to include Berry Road West and Park Road East.
Richard Wilmot of St Leonards speaking in support of the St Leonards South Draft Master Plan and asking Council to consider extending the scope of the rezoning contained within the St Leonards South Draft Master Plan to include Berry Road West and Park Road East.
Peter Dale of St Leonards speaking in support of the St Leonards South Draft Master Plan and asking Council to consider extending the scope of the rezoning contained within the St Leonards South Draft Master Plan to include Berry Road West and Park Road East and expressing concerns about the length the process has taken and its effects on the community.
Bill Vlahos of St Leonards speaking in support of the St Leonards South Draft Master Plan and asking Council to consider extending the scope of the rezoning contained within the St Leonards South Draft Master Plan to include Berry Road West and Park Road East and requesting Council move quickly to resolve the issue to allow the community to plan for the future.
CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 APRIL 2015 |
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RESOLVED on the motion of Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 20 April 2015 be received. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
RESOLVED on the motion of Gold and Bennison that the minutes of the Ordinary Council meeting held on the 20 April 2015 be confirmed. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
Matter of Urgency |
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RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Friedlander Place – Option to Sell Whilst Retaining Public Open Space Podium be brought forward and dealt with as a matter of urgency. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
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The Mayor ruled that the matter was urgent. |
Friedlander Place - Option to sell whilst retaining Public Open Space Podium |
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RESOLVED on the motion of Councillors Bennison and Gold that the Mayor and General Manager be authorised to execute the Irrevocable Offer Deed and, subsequent Sale Contract, which provides for the retention of public access to the proposed public podium open space at Friedlander Place, for the sale of Council’s land Lot 1 DP1179636 and affix Council’s Seal as required. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
Councillor Hutchens reflected on the tragedy of the deaths of Michael and Amanda Dadd of Riverview in a house fire on the 3rd of May 2015. She extended her deepest sympathies, on behalf of the Council, to their family.
Councillor Bennison expressed gratitude to the General Manager and staff for their role in responding to the State Governments Fit for the Future Local Government reforms program.
Officer Reports for Determination
Proposal for Additional Alcohol Free Zones and Alcohol Prohibited Areas in Local Parks |
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RESOLVED on the motion of Councillors Hutchens and Palmer that except for events agreed to by Council that the Alcohol Prohibited Areas and Alcohol Free Zones be established between 8.00pm and 8.00am from 1 July 2015 in accordance with Section 632A and Section 644 of the Local Government Act 1993 and be maintained until 8.00 am on 2 July 2019:- Alcohol Prohibited Areas (Public Parks and Reserves):- · Birrahlee Reserve, Lane Cove (24 hours); · Central Park, Longueville (8pm-8am); · Kingsford Smith Oval, Longueville (8pm-8am); and · Pottery Green, Lane Cove (8pm-8am). Alcohol Free Zones (Streets, Car Parks and Footpaths):- · Tambourine Bay Road (in the area adjacent to Birrahlee Reserve, Lane Cove) (24 hours); · Burns Bay Road (in the area adjacent to Birrahlee Reserve, Lane Cove) (24 hours); · Phoenix Street (in the area adjacent to Pottery Green) (8pm-8am); · Little Street (in the area adjacent to Pottery Green) (8pm-8am); · Kenneth Street (in the area adjacent to Central Park, Longueville) (8pm-8am); · Lorna Lane (in the area adjacent to Central Park, Longueville) (8pm-8am); · William Edward Street (in the area adjacent to Central Park, Longueville) (8pm-8am); · Kenneth Street (in the area adjacent to Kingsford Smith Oval, Longueville) (8pm-8am); and · Dunois Street (in the area adjacent to Kingsford Smith Oval, Longueville) (8pm-8am). |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
Councillor Bennison declared a pecuniary conflict of interest in relation to the item Council Financial Assistance Grants 2015-16 as he is the auditor for the Lane Cove Occasional Child Care Centre and receives payment for such services.
Councillor Palmer left the meeting at 07:57 PM
RESOLVED on the motion of Councillors Gold and Brent that Council provide Financial Assistance Grants to the following Community Groups for 2015/16:-
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison, Brent and Brooks-Horn (Total 7). Against the Motion was Nil (Total 0). Absent for the Motion was Councillor Palmer (Total 1). |
Councillor Palmer returned to the meeting at 07:58 PM
Councillor Bennison left the meeting at 07:58 PM
RESOLVED on the motion of Councillors Gold and Cheong that Council provide Financial Assistance Grants to the following Community Group for 2015/16:-
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Brent and Brooks-Horn (Total 7). Against the Motion was Nil (Total 0). Absent for the Motion was Councillor Bennison (Total 1). |
Councillor Bennison returned to the meeting at 08:00 PM
RESOLVED on the motion of Councillors Brent and Hutchens that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 21 April 2015. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
Matter Arising |
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EXAMINATION OF SAFETY AT INTERSECTION OF CENTENNIAL AVENUE AND BARWON ROAD, LANE COVE WEST |
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RESOLVED on the motion of Councillors Brent and Palmer that the Traffic Committee and the RMS re-examines the safety of the intersection of Centennial Avenue and Barwon Road/Figtree Street, Lane Cove West with respect to pedestrian crossings and the installation of vehicle turning lights. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
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A motion was moved by Councillors Bennison and Karpin that:- 1. The Draft Delivery Program and Operational Plan 2015-17 shown attached as AT-1, updated Draft Budget 2015 - 2016 shown with an operating surplus of $389,141 attached as AT-2, Draft Fees and Charges 2015/16 shown attached as AT-3 be adopted subject to the following amendments:- i. Kingsford Smith Oval being amended to read “Investigate the installation of safety fencing for the play area at Kingsford Smith Oval”; ii. Increase the Xmas decoration budget by $5,000, funded by a reduction in the allocated funds to Lane Cove Alive Leadership Group; iii. Provide funds to trial the eradication of Red Spider Mite of $3,000, to be funded from a reduction in the Program Management vote of the Sustainability Levy; and iv. Rename the “Retail Tenancy Action Project” to “Long Term Retail Tenancy Project”. 2. The following items be subject to further consideration at a future budget review and that the General Manger provide the following information at a future workshop for consideration of Councillors: i. CTV camera in the CBD, report to be provided with options and costing; ii. With reference to parks listed on page 39 of the budget, that an inventory list be provided of all equipment and facilities/utilities together with pricing list for new equipment; and iii. Aboriginal Heritage Office funding, details of what services the AHO has specifically provided Lane Cove Council and consider the role of the AHO in the context of Lane Cove, Ryde and Hunters Hill proposing a Regional Joint Authority. 3. The Resourcing Strategy 2015 – 2025 attached as AT-4 and the associated Asset Management Strategies attached as AT-5 and AT-6, the Long Term Financial Plan attached as AT-7 and the Workforce Management Plan attached as AT-8 be adopted; 4. Council fix the Ordinary Rates and Charges for 2015/16 as:- a) Ordinary Rates (i) An Ordinary Residential Rate* of 0.18185 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 $651, to yield $16,285,341. (ii) An Ordinary Business Rate** of 0.754759 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 $838 to yield $5,362,912. (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 meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.199811 cents in the dollar be made for 2015/16 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, to yield $155,661. b) Domestic Waste Management Charges (i) in accordance with S.496 of the Local Government Act 1993, that an annual charge of $415.00 per annum be made for the year 2015/16 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 $108.00 per annum be made for the year 2014/15, 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 $6.10 per service be made for the year 2015/16, 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 $8.00 per service be made for the year 2015/16, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties; (v) in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.00 per service be made for the year 2015/16, 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 $8.00 per service be made for the year 2015/16, 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 $4.70 per fortnightly service be made for the year 2015/16 for each extra recycling service to single residential dwellings. c) Interest on Overdue Rates and Charges (i) 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 2015 to 30 June 2016 to all outstanding rates and charges be calculated at the maximum interest rate currently 8.5% as specified by the Minister for Local Government. 5. In respect of the petition to maintain the leash-free area at Kingsford Smith Oval, the Head Petitioner be advised that Council has no plans to change existing leash-free arrangements at Kingsford Smith Oval and that Council will investigate the installation of safety fencing for the play area at Kingsford Smith Oval. |
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Amendment An amendment was moved by Councillors Palmer and Brent that:- 1. The Draft Delivery Program and Operational Plan 2015-17 shown attached as AT-1, updated Draft Budget 2015 - 2016 shown with an operating surplus of $389,141 attached as AT-2, Draft Fees and Charges 2015/16 shown attached as AT-3 be adopted subject to the following amendments:- i. Kingsford Smith Oval being amended to read “Investigate the installation of safety fencing for the play area at Kingsford Smith Oval”; ii. Provide funds to trial the eradication of Red Spider Mite of $3,000, to be funded from a reduction in the Program Management vote of the Sustainability Levy; and iii. Rename the “Retail Tenancy Action Project” to “Long Term Retail Tenancy Project”. 2. The following items be subject to further consideration at a future budget review and that the General Manger provide the following information at a future workshop for consideration of Councillors: i. CTV camera in the CBD, report to be provided with options and costing; ii. With reference to parks listed on page 39 of the budget, that an inventory list be provided of all equipment and facilities/utilities together with pricing list for new equipment; and iii. Aboriginal Heritage Office funding, details of what services the AHO has specifically provided Lane Cove Council and consider the role of the AHO in the context of Lane Cove, Ryde and Hunters Hill proposing a Regional Joint Authority. 3. The Resourcing Strategy 2015 – 2025 attached as AT-4 and the associated Asset Management Strategies attached as AT-5 and AT-6, the Long Term Financial Plan attached as AT-7 and the Workforce Management Plan attached as AT-8 be adopted; 4. Council fix the Ordinary Rates and Charges for 2015/16 as:- a) Ordinary Rates (i) An Ordinary Residential Rate* of 0.18185 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 $651, to yield $16,285,341. (ii) An Ordinary Business Rate** of 0.754759 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 $838 to yield $5,362,912. (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 meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.199811 cents in the dollar be made for 2015/16 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, to yield $155,661. b) Domestic Waste Management Charges (i) in accordance with S.496 of the Local Government Act 1993, that an annual charge of $415.00 per annum be made for the year 2015/16 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 $108.00 per annum be made for the year 2014/15, 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 $6.10 per service be made for the year 2015/16, 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 $8.00 per service be made for the year 2015/16, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties; (v) in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.00 per service be made for the year 2015/16, 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 $8.00 per service be made for the year 2015/16, 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 $4.70 per fortnightly service be made for the year 2015/16 for each extra recycling service to single residential dwellings. c) Interest on Overdue Rates and Charges (i) 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 2015 to 30 June 2016 to all outstanding rates and charges be calculated at the maximum interest rate currently 8.5% as specified by the Minister for Local Government. 5. In respect of the petition to maintain the leash-free area at Kingsford Smith Oval, the Head Petitioner be advised that Council has no plans to change existing leash-free arrangements at Kingsford Smith Oval and that Council will investigate the installation of safety fencing for the play area at Kingsford Smith Oval. |
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Upon being put to the meeting the amendment was declared lost. |
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For the amendment were Councillors Palmer and Brent (Total 2). Against the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). |
The amendment lapsed, the motion was put to the vote and was carried. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). Against the Motion were Councillors Palmer and Brent (Total 2). |
RESOLVED on the motion of Councillors Gold and Karpin that:- 1. Council endorse Peter Mayall for appointment on the Lane Cove Bicycle Advisory Committee; 2. Council endorse Margareta McCullough, Nuala Williams and Margaret Sullivan for appointment to the Age-Friendly Advisory Committee; and 3. The nominees be advised of Councils’ decision. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
Local Government Remuneration Tribunal Determination for Councillor Fees |
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A motion was moved by Councillors Bennison and Karpin that the following annual fees be paid to the Mayor and Councillors for 2015/16:-
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Amendment An Amendment was moved by Councillors Brent and Palmer that the fees remain the same as 2014/15. |
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Upon being put to the meeting the amendment was declared lost. |
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For the Amendment were Councillors Palmer and Brent (Total 2). Against the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). |
The amendment lapsed, the motion was put to the vote and was carried. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). Against the Motion were Councillors Palmer and Brent (Total 2). |
Officer Reports for Information
3rd Quarter Review of the 2014-15 Delivery Program and Operational Plan |
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RESOLVED on the motion of Councillors Hutchens and Cheong that the 3rd Quarter Review of the 2014-15 Delivery Program and Operational Plan be received and noted. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
RESOLVED on the motion of Councillors Bennison and Gold that the 2014 – 2015 Budget be varied as follows:-
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
RESOLVED on the motion of Councillors Gold and Hutchens that Council receive and note the report. |
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For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 8:45pm.
Confirmed at the Ordinary Council Meeting of Monday, 15 June 2015 at which meeting the signature herein is subscribed.
MAYOR
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