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MINUTES OF THE ORDINARY MEETING OF MOSMAN MUNICIPAL COUNCIL HELD IN THE COUNCIL CHAMBERS, MOSMAN SQUARE, ON TUESDAY 2 FEBRUARY 2010 COMMENCING AT 7.05PM 1. PRESENT The Mayor (Councillor A S Connon) in the Chair, Councillors B L Halloran, D J Lopez OAM, P S Menzies, E A Moline, J T Reid, T Sherlock, D M Wilton and K W Yates together with the General Manager, Director Corporate Services, Director Environment and Planning, Director Community Development, Manager Finance, Manager Assets and Services, Manager Environment & Services, Manager Community Services, Manager Governance and Team Leader CS Admin. Councillor Halloran retired from the meeting at 10.48pm and was not present for the consideration of items CS/2, CS/8, EP/1, EP/2, EP/3, EP/5, EP/6, EP/9, T/62, Questions Without Notice, COR/1, COR/2, COR/3 and NM/1. 2. WELCOME TO VISITORS The total number present in the Gallery was 61. 3. APOLOGIES AND LEAVE OF ABSENCE There were no apologies. 4. DISCLOSURES OF PECUNIARY INTERESTS There were no disclosures of Pecuniary Interests from Councillors or Senior Staff. 5. DISCLOSURES OF NON-PECUNIARY INTERESTS There were no disclosures of Non-Pecuniary Interests from Councillors or Senior Staff. 6. CONFIRMATION OF MINUTES Motion Wilton/Lopez That the Minutes of the Ordinary Meeting of Council held on 8 December 2009, as typed and circulated, be confirmed. CARRIED UNANIMOUSLY 7. MAYORAL MINUTES The Mayor submitted 2 Mayoral Minutes which were dealt with as follows: 8. MM/1 - Mayoral Minute - Citizen of the Year/Australia Day The Mayor advised that this item would be withdrawn and re-listed for consideration at the Council Meeting of 2 March 2010. 9. MM/2 - Mayoral Minute: General Manager RECOMMENDATION That the Mayoral Minute be noted.

Minutes of the Ordinary Meeting 9 February 2010 · RECOMMENDATION That the Mayoral Minute be noted. Minutes - Council Meeting - 2 February 2010 Page 2 COUNCIL RESOLUTION Motion Reid/Menzies

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Page 1: Minutes of the Ordinary Meeting 9 February 2010 · RECOMMENDATION That the Mayoral Minute be noted. Minutes - Council Meeting - 2 February 2010 Page 2 COUNCIL RESOLUTION Motion Reid/Menzies

MINUTES OF THE ORDINARY MEETING OF MOSMAN MUNICIPAL COUNCIL HELD IN THE COUNCIL CHAMBERS, MOSMAN SQUARE,

ON TUESDAY 2 FEBRUARY 2010 COMMENCING AT 7.05PM 1. PRESENT

The Mayor (Councillor A S Connon) in the Chair, Councillors B L Halloran, D J Lopez OAM, P S Menzies, E A Moline, J T Reid, T Sherlock, D M Wilton and K W Yates together with the General Manager, Director Corporate Services, Director Environment and Planning, Director Community Development, Manager Finance, Manager Assets and Services, Manager Environment & Services, Manager Community Services, Manager Governance and Team Leader CS Admin.

Councillor Halloran retired from the meeting at 10.48pm and was not present for the

consideration of items CS/2, CS/8, EP/1, EP/2, EP/3, EP/5, EP/6, EP/9, T/62, Questions Without Notice, COR/1, COR/2, COR/3 and NM/1.

2. WELCOME TO VISITORS

The total number present in the Gallery was 61. 3. APOLOGIES AND LEAVE OF ABSENCE

There were no apologies. 4. DISCLOSURES OF PECUNIARY INTERESTS

There were no disclosures of Pecuniary Interests from Councillors or Senior Staff. 5. DISCLOSURES OF NON-PECUNIARY INTERESTS There were no disclosures of Non-Pecuniary Interests from Councillors or Senior Staff. 6. CONFIRMATION OF MINUTES

Motion Wilton/Lopez That the Minutes of the Ordinary Meeting of Council held on 8 December 2009, as typed and circulated, be confirmed. CARRIED UNANIMOUSLY

7. MAYORAL MINUTES

The Mayor submitted 2 Mayoral Minutes which were dealt with as follows: 8. MM/1 - Mayoral Minute - Citizen of the Year/Australia Day

The Mayor advised that this item would be withdrawn and re-listed for consideration at the Council Meeting of 2 March 2010.

9. MM/2 - Mayoral Minute: General Manager

RECOMMENDATION That the Mayoral Minute be noted.

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COUNCIL RESOLUTION Motion Reid/Menzies That the Mayoral Minute be noted. CARRIED UNANIMOUSLY

10. REPORTS FROM COMMITTEES

Reports from proceedings of Committee Meetings as follows: COMMITTEE DATE Traffic 9 December 2010

11. ITEMS NOT CALLED FOR INDIVIDUAL CONSIDERATION

Motion Reid/Halloran That the Officer’s Recommendation be adopted in relation to the following items:

CARRIED UNANIMOUSLY

Item Description

GM/2 SHOROC - Minutes of Annual General Meeting and Board Meeting held 18 November 2009

GM/3 Waste - Joint Services Committee - Meeting Minutes 18 November 2009

GM/4 MOSPLAN Quarterly Report: October - December 2009

GM/5 Richard Hayes Harnett Jr

CS/3 Complaints Handling Policy

CS/4 Political Donations by Property Developers

CS/10 Internal Audit

CS/11 Investments

EP/4 Community Environment Contract (CEC) - Works Program

EP/7 Draft Mosman LEP 2008 and DCPs - Timeline 2010

EP/8 Capital Works Program 2010/2011

EP/10 Waste and Sustainability Improvement Payment Program 2009-10 - Approved Projects

EP/11 Mosman Bowling Club - Update

EP/12 Development Control Unit CARRIED UNANIMOUSLY

12. ITEMS CALLED FOR INDIVIDUAL CONSIDERATION

The following items were called by residents, Councillors or staff for individual consideration.

Item Description

GM/1 KEE Pty Ltd - SHOROC Sub-Committee

CD/1 Women in Local Government

CD/2 Shorelink Library Network Committee - Minutes of 136th Meeting

CS/1 Electricity Supply Contract - Main Sites

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CS/2 Pay and Display Street Parking (P&D) - Review and Allocation of Revenue

CS/5 Code of Meeting Practice

CS/6 Investment Properties Business Plan

CS/7 Financial Statement to 31 December 2009

CS/8 Unnamed Park: Corner Bay Street and Quakers Road - Naming

CS/9 Lang Street: South of Military Road - Renaming

EP/1 Road Asset Management Plan - Tender Assessment

EP/2 Clifton Gardens - Public Amenities Building Concept Plan

EP/3 Beachwatch and Harbourwatch State of the Beaches Report 2008-09

EP/5 Footprints Program

EP/6 Balmoral Beach Amenities Upgrade

EP/9 Road Safety Action Plan 2009-2010 Progress Report

T/62 Esther Road - Request for Disabled Parking

T/64 Punch Street - STA Proposal for Metrobus Service Route 30

T/69 Pearl Bay Avenue - Relocation of Bus Stop 13. COMMITTEE OF THE WHOLE

Motion Reid/Lopez

That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item T/64.

CARRIED UNANIMOUSLY

Council resolved into Committee of the Whole at 7.27pm.

14. T/64 Punch Street - STA Proposal for Metrobus Service Route 30 Mr Robert Turnbull (60/15 Spit Road), Mr Roy Richards (3/3 Punch Street), Ms Rachel Johnson (3/8 Punch Street) and Mr Graham Thornton (17 Moruben Street) addressed the Committee on this item.

15. FULL COUNCIL

Motion Reid/Lopez That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 7.45pm. 16. T/64 Punch Street - STA Proposal for Metrobus Service Route 30

OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. The State Transit Authority's proposal for Metrobus Route 30 dated 20 November 2009 be noted;

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B. The proposed Bus Zone on the southern side of Punch Street be reduced to accommodate one articulated bus; and

C. STA be requested to investigate other options to address traffic safety associated with Route 30 articulated buses turning into Punch Street from Moruben Road.

This item has been called by Councillor Reid.

Ms Maureen Collins (1/11 Moruben Road), Mr Carl Crafoord (1/8 Punch Street), Mr Robert Smallwood (1/13 The Strand, Dee Why), Mr Robert Anderson (2/8 Punch Street), Mr Roy Richards (3/3 Punch Street), Mr Peter Psaltis (4/1 Punch Street), Mr Graham Thornton (17 Moruben Street), Mr Edward Osiowy (Senior Service Planner, STA) and Mr Robert Rosadi (Traffic Engineer, STA) addressed the Committee on this item.

COMMITTEE RECOMMENDATION

Motion Menzies/Mackenzie That:

A. Council staff liaise with the STA over possible alternatives to the bus stop in Punch Street and provide this information to the Council meeting in February 2010.

B. Council officers further investigate the safety of the Punch Street and Moruben Road intersection.

CARRIED UNANIMOUSLY COUNCIL RESOLUTION Motion Yates/Menzies

A. That outcome of the investigation by the STA be noted;

B. Safety issues associated with the intersection of Punch Street and Moruben Road be referred to the February Local Traffic Committee for determination; and

C. Any proposed Bus Zone on the southern side of Punch Street be limited to accommodate one articulated bus.

Amendment Lopez/Halloran

That the matter be deferred and Council discuss with the STA the possibility of Route 30 terminating or starting at the Zoo or Seaforth. LOST

For: Halloran, Lopez, Sherlock, Reid

Against: Connon, Menzies, Moline, Wilton, Yates Foreshadowed Amendment Moline/Reid

That the matter be deferred and Council discuss with the STA the possibility of Route 30 terminating or starting at Seaforth. CARRIED For: Connon, Halloran, Lopez, Sherlock, Moline, Reid, Wilton

Against: Menzies, Yates and on being put as the Motion CARRIED UNANIMOUSLY

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17. COMMITTEE OF THE WHOLE Motion Reid/Sherlock

That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item CS/9.

CARRIED UNANIMOUSLY

Council resolved into Committee of the Whole at 8.31pm.

18. CS/9 - Lang Street: South of Military Road - Renaming

Mr Graham Snell (106 Awaba Street) addressed the Committee on this item. 19. FULL COUNCIL

Motion Reid/Menzies That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 8.33pm.

20. CS/9 - Lang Street: South of Military Road - Renaming

OFFICER'S RECOMMENDATION

The Director Corporate Services recommends:

That the matter be considered for Council's determination. COUNCIL RESOLUTION Motion Wilton/Reid That:

A. Council give notice of the proposal to rename Lang Street, south of Military Road to Snell Street to recognise Harry Snell, a resident of the street for 50 years, a noted sportsman and involved resident and long term Mosman Council employee, and there be a plaque recording the history of Harry Snell in the said street, and include writing to all property owners which have boundaries to this section of Lang Street, the Geographical Names Board and Australia Post informing them of the proposal.

B. The General Manager be delegated authority to consider and deal with any objections to the renaming proposal.

C. Should the General Manager determine to proceed with the renaming, a notice of the new name be published in the Government Gazette.

D. The General Manager clarify with the family whether it be a Street, Place, etc.

E. Council recognise the work of Graham Snell in the submission he made in support of his idea.

CARRIED UNANIMOUSLY 21. COMMITTEE OF THE WHOLE

Motion Reid/Lopez That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item T/69.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 8.43pm.

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22. T/69 Pearl Bay Avenue - Relocation of Bus Stop

Mr Chris Willis (20 Pearl Bay Ave) and Ms Cushla Sewell (24 Pearl Bay Ave) addressed the Committee on this item.

23. FULL COUNCIL

Motion Menzies/Lopez That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 8.45pm.

24. T/69 Pearl Bay Avenue - Relocation of Bus Stop

OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. Subject to the concurrence of Sydney Buses, the bus stop be relocated as indicated in the report;

B. Bus Zone signs be erected to indicate the days and hours the bus stop operates; and

C. The two jacaranda trees be pruned to prevent them from overhanging the kerb. Mr Donald Smith (12 Pearl Bay Avenue) addressed the Committee on this item. COMMITTEE RECOMMENDATION Motion Menzies/Mackenzie That no further action be taken. CARRIED COUNCIL RESOLUTION Motion Menzies/Wilton That the Committee's Recommendation be adopted. CARRIED UNANIMOUSLY

25. COMMITTEE OF THE WHOLE

Motion Menzies/Reid That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item GM/1.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 8.46pm.

26. GM/1 - KEE Pty Ltd - SHOROC Sub-Committee

Mr Steven Gould (95 Muston Street) addressed the Committee on this item.

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27. FULL COUNCIL Motion Menzies/Wilton That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 8.48pm.

28. GM/1 - KEE Pty Ltd - SHOROC Sub-Committee

OFFICER'S RECOMMENDATION The General Manager recommends: That:

A. Council appoint a Councillor to the SHOROC Sub-Committee - Kimbriki Resource Recovery Centre.

B. The Mayor, Deputy Mayor and General Manager interview applicants from the Expression of Interest process for the appointment to the SHOROC Sub-Committee of a Mosman community member for recommendation to Council. COUNCIL RESOLUTION Motion Wilton/Lopez That the Officer's Recommendation be adopted. Further Councillor Wilton be nominated to the SHOROC Sub-Committee – Kimbriki Resource Recovery Centre. CARRIED UNANIMOUSLY Amendment Moline/Sherlock That the Officer's Recommendation be adopted. Further Councillor Sherlock be nominated to the SHOROC Sub-Committee – Kimbriki Resource Recovery Centre. LOST For: Sherlock, Moline Against: Connon, Menzies, Halloran, Lopez, Reid, Wilton, Yates

29. SUPPER ADJOURNMENT

The meeting was adjourned between 8.59pm and 9.17pm when the Mayor extended an invitation to all present in the Council Chambers to join with the Councillors for supper.

30. COMMITTEE OF THE WHOLE

Motion Sherlock/Lopez That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item CS/1.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 9.17pm.

31. CS/1 - Electricity Supply Contract - Main Sites

Mr Steven Gould (95 Muston Street) addressed the Committee on this item.

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32. FULL COUNCIL

Motion Menzies/Lopez That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 9.18pm.

33. CS/1 - Electricity Supply Contract - Main Sites

OFFICER'S RECOMMENDATION The Manager Finance recommends: That the advices be received. COUNCIL RESOLUTION Motion Sherlock/Menzies That the Officer's Recommendation be adopted. CARRIED UNANIMOUSLY

34. COMMITTEE OF THE WHOLE

Motion Reid/Menzies That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item CS/5.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 9.19pm.

35. CS/5 - Code of Meeting Practice

Mr Steven Gould (95 Muston Street) addressed the Committee on this item. 36. FULL COUNCIL Motion Lopez/Moline That the Committee resolve into Full Council. CARRIED UNANIMOUSLY Full Council resumed at 9.22pm. 37. CS/5 - Code of Meeting Practice

OFFICER'S RECOMMENDATION The Manager Governance recommends: That A. The draft amended Code of Meeting Practice as exhibited be adopted, excepting Schedule 3 – Procedures and notes on the conduct of Mosman Traffic Committee meetings, subject to the following amendments:

1. Clause 4(1) – Definitions, be amended by inserting the following:

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Resident, means any member of the public including resident ratepayers,

non-resident ratepayers and non-ratepaying residents, excepting in relation to Clause 83(1) of this Code which limits access to Open Question Time to Mosman residents and ratepayers only.

2. Clause 43(9) – Reconsideration of Items, be deleted.

3. Clause 83(1) – Open Question Time, be amended as follows:

Open Question Time will be held for a period of 10 minutes commencing at 6.45 pm prior to the commencement of a Council meeting scheduled to commence at 7.00 pm. Open Question Time is available only to Mosman residents and ratepayers. Questions must be in writing and must not contain any preamble or comment. Residents or ratepayers wishing to ask a question will be invited to the lectern by the Mayor to read out the question. The resident or ratepayer will then read out the question to the Mayor then lodge the written question with the General Manager. Questions may be on any relevant matter unless it is on the Agenda for this meeting. Open Question Time is an opportunity for questions only, not speeches or discussion, and every endeavour to answer will be given immediately by the Mayor or referred to the General Manager. Any derogatory comments and/or personal attacks on Councillors or staff will result in the offender being instructed to leave the Chamber immediately and any such questions will be disregarded. Further, Open Question Time is not an opportunity for debate amongst the elected members. Questions asked and responses given will not be recorded in the Minutes as Open Question Time is not part of the meeting agenda pursuant to Clause 24 of this Code.

B. In accordance with Section 362(2) of the Local Government Act, 1993, Council is of the opinion that the proposed further amendments to the Code of Meeting Practice are not substantial and determine that the amendments be adopted without further exhibition.

C. A further report be submitted to Council once the Mosman Traffic Committee considers adoption of Schedule 3 – Procedures and notes on the conduct of Mosman Traffic Committee meetings.

COUNCIL RESOLUTION Motion Menzies/Wilton That the Officer's Recommendation be adopted. CARRIED

For: Connon, Menzies, Halloran, Lopez, Moline, Reid, Wilton, Yates

Against: Sherlock 38. COMMITTEE OF THE WHOLE

Motion Menzies/Sherlock That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item CS/6.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 9.36pm.

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39. CS/6 - Investment Properties Business Plan Mr Steven Gould (95 Muston Street) addressed the Committee on this item. 40. FULL COUNCIL

Motion Menzies/Lopez That the Committee resolve into Full Council. CARRIED UNANIMOUSLY Full Council resumed at 9.38pm.

41. CS/6 - Investment Properties Business Plan

OFFICER'S RECOMMENDATION The Manager Governance recommends: That the confidential Investment Properties Business Plan as circulated and the recommended actions therein be adopted. COUNCIL RESOLUTION Motion Menzies/Wilton That the Officer's Recommendation be adopted. CARRIED UNANIMOUSLY

42. COMMITTEE OF THE WHOLE

Motion Connon/Reid That Council resolve into Committee of the Whole to allow members of the gallery to address the Council in relation to Item CS/7.

CARRIED UNANIMOUSLY Council resolved into Committee of the Whole at 9.42pm.

43. CS/7 - Financial Statement to 31 December 2009

Mr Steven Gould (95 Muston Street) addressed the Committee on this item. 44. FULL COUNCIL

Motion Reid/Menzies That the Committee resolve into Full Council. CARRIED UNANIMOUSLY

Full Council resumed at 9.45pm.

45. CS/7 - Financial Statement to 31 December 2009 OFFICER'S RECOMMENDATION

The Manager Finance recommends: That the Financial Statement for the quarter ended 31 December 2009 including the revised estimates and recommendations contained within the Manager Finance’s Report be adopted.

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COUNCIL RESOLUTION Motion Menzies/Moline That the Officer's Recommendation be adopted. CARRIED UNANIMOUSLY

46. CD/1 - Women in Local Government

OFFICER'S RECOMMENDATION The Events & Marketing Coordinator recommends: That Mosman Council celebrates International Women's Day by incorporating elements of the 2010 Year of Women in Local Government at an event to be held early in March along the lines described in the report. COUNCIL RESOLUTION Motion Wilton/Halloran That interested Councillors and Mrs Arber meet with the Events & Marketing Coordinator within the next week and finalisation be left in the hands of the Mayor. CARRIED UNANIMOUSLY

47. SUSPENSION OF STANDING ORDERS AT 10.04pm Motion Lopez/Moline That Standing Orders be suspended in order to deal with NM/2 Notice of Motion: Health Education Signage from the NSW Cancer Council on the Mosman Rider Bus, and NM/3 Notice of Motion: Not to Use Eggs from Caged Chickens. 48. NOTICES OF MOTION 49. NM/2 - Notice of Motion: Health Education Signage from the NSW Cancer Council on

the Mosman Rider Bus

SUBMITTED BY: Councillor Halloran That Council uses the Mosman Rider bus to promote the NSW Cancer Council's sun smart and anti smoking messages on both sides of the bus, provide free sunscreen on board the bus and educational materials for bus users; and that Council accept $3000 from the NSW Cancer Council towards the running costs of the bus for a contract period of twelve months. COUNCIL RESOLUTION Motion Halloran/Lopez That Council uses the Mosman Rider bus to promote the NSW Cancer Council's sun smart and anti smoking messages on both sides of the bus, provide free sunscreen on board the bus and educational materials for bus users; and that Council accept $3000 from the NSW Cancer Council towards the running costs of the bus for a contract period of twelve months. Amendment Wilton/Sherlock Councillor Halloran’s Notice of Motion be incorporated into the report being prepared for the March meeting on the Mosman Rider Bus, Council indicating that it is sympathetic to the objectives of the Cancer Council and their involvement with the service. CARRIED UNANIMOUSLY

and on being put as the Motion CARRIED UNANIMOUSLY

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50. NM/3 - Notice of Motion: Not to Use Eggs from Caged Chickens

SUBMITTED BY: Councillor Halloran That: Mosman Council adopts a policy of not using eggs sourced from caged chickens. This policy will include but not be limited to the following situations:

A. All future catering arrangements will only be made with caterers who can guarantee that they use non-cage eggs.

B. The use of non-cage eggs be stipulated in any future tenders or contracts relating to the supply of food in which Council is a party. Where there is no option but to source food from a vendor who uses caged chicken eggs, "No eggs" will be Council's preferred option.

C. That Council publicise this policy on its website and that the General Manager write directly to all known suppliers of food products to Council notifying them of the new policy position.

D. That Council applaud other Mosman businesses, organisations and households who adopt a similar policy.

E. That Council supports any similar motions at the LGA, NSROC and in any other area in which it may be expected to voice a position, relevant to this policy.

COUNCIL RESOLUTION Motion Halloran/Lopez That Mosman Council adopts a policy of not using eggs sourced from caged chickens. This policy will include but not be limited to the following situations:

A. All future catering arrangements will only be made with caterers who can guarantee that they use non-cage eggs.

B. The use of non-cage eggs be stipulated in any future tenders or contracts relating to the supply of food in which Council is a party. Where there is no option but to source food from a vendor who uses caged chicken eggs, "No eggs" will be Council's preferred option.

C. That Council publicise this policy on its website and that the General Manager write directly to all known suppliers of food products to Council notifying them of the new policy position.

D. That Council applaud other Mosman businesses, organisations and households who adopt a similar policy.

E. That Council supports any similar motions at the LGA, SHOROC and in any other area in which it may be expected to voice a position, relevant to this policy.

F. That Council encourage Mosman Residents to only purchase non-caged eggs. CARRIED

For: Menzies, Halloran, Lopez, Sherlock, Wilton, Yates

Against: Connon, Moline, Reid

51. STANDING ORDERS RESUMED AT 10.43PM

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52. CD/2 - Shorelink Library Network Committee - Minutes of 136th meeting

OFFICER'S RECOMMENDATION The Manager Library Resources recommends: That the Minutes be received. COUNCIL RESOLUTION Motion Yates/Menzies That the Officer's Recommendation be adopted CARRIED UNANIMOUSLY

Councillor Halloran retired from the meeting at 10.48pm and was not present for the consideration of items CS/2, CS/8, EP/1, EP/2, EP/3, EP/5, EP/6, EP/9, T/62, Questions Without Notice, COR/1, COR/2, COR/3 and NM/1.

53. CS/2 - Pay and Display Street Parking (P&D) - Review and Allocation of Revenue

OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the recommendations contained within the report be adopted. COUNCIL RESOLUTION Motion Yates/Wilton That the Officer's Recommendation be adopted. CARRIED

For: Connon, Menzies, Lopez, Sherlock, Moline, Wilton, Yates

Against: Reid

54. CS/8 - Unnamed Park: Corner Bay Street and Quakers Road - Naming

OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the matter be considered for Council's determination. COUNCIL RESOLUTION Motion Wilton/Moline That Council make application to the Geographical Names Board to name the park at the corner of Quakers Road and Bay Street - Lot C, DP 22694 - Beauty Point Park, further there be appropriate native grass planting and a plaque to record the history of the area. CARRIED

For: Connon, Menzies, Sherlock, Moline, Reid, Wilton, Yates

Against: Lopez

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Amendment Lopez/Reid That the matter be deferred for further investigation until the March meeting. LOST

For: Lopez, Reid

Against: Connon, Menzies, Sherlock, Moline, Wilton, Yates

55. EP/1 - Road Asset Management Plan - Tender Assessment

OFFICER'S RECOMMENDATION The Director Environment and Planning recommends: That: A. In accordance with the Local Government (General) Regulation 2005 Clause 178

subclause (1) (b), Council decline all tenders due to the complexity of the tender documentation and the complexity of the tenders submitted;

B. In accordance with Local Government (General) Regulation 2005 Clause 178

subclause (3) (e), Council enter into negotiations with the identified companies to clarify certain components of the tender and reduce the financial risk to Council;

C. In accordance with Local Government (General) Regulation 2005 Clause 178

subclause (4), the following reasons be noted for not inviting tenders for a second time:

i. The tender was downloaded by 25 companies, 5 companies attended the

pre-tender site meeting and 6 companies submitted a tender. As such it is considered a suitable section of the market has provided a quotation for the work.

ii. The tender prices from 3 contractors did not vary substantially indicating that tender prices reflect current market rates.

iii. Included within the tender is the requirement to prepare a valuation report for the Department of Local Government. This report has a strict deadline and the time required to tender again may result in not meeting this deadline;

iv. A detailed analysis indicates that there are areas in the tender that can be negotiated to reduce risks to both the Tenderer and Council.

D. The General Manager be delegated authority to conduct negotiations outlined in

point B and to enter into a contract with the preferred contractor.

COUNCIL RESOLUTION Motion Sherlock/Moline That the Officer's Recommendation be adopted. CARRIED UNANIMOUSLY

56. EP/2 - Clifton Gardens - Public Amenities Building Concept Plan

OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That

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A. The concept plans for the amenities building/kiosk be placed on public exhibition for a period of 28 days.

B. A further report be submitted to Council on the outcome of the public exhibition. COUNCIL RESOLUTION

Motion Yates/Lopez That

A. The revised concept plans for the amenities building/kiosk attached to the memo to Councillors dated 29 January 2010 be placed on public exhibition for a period of 28 days.

B. A further report be submitted to Council on the outcome of the public exhibition.

C. An option also be provided for no kiosk. CARRIED UNANIMOUSLY

57. EP/3 - Beachwatch and Harbourwatch State of the Beaches Report 2008-09

OFFICER'S RECOMMENDATION The Manager Environment and Services recommends: That the report be received and noted. COUNCIL RESOLUTION Motion Sherlock/Reid That the Officer's Recommendation be adopted.

CARRIED UNANIMOUSLY 58. EP/5 - Footprints Program

OFFICER'S RECOMMENDATION The Manager Environment and Services recommends: That the report be received and noted. COUNCIL RESOLUTION Motion Sherlock/Wilton That the Officer's Recommendation be adopted and participants be invited to join the sustainability groups ‘E-Letter’ circulation. CARRIED UNANIMOUSLY

59. EP/6 - Balmoral Beach Amenities Upgrade

OFFICER'S RECOMMENDATION The Director Environment and Planning recommends: That:

A. Council endorse the proposed upgrade of the amenities at Balmoral and proceed with the preparation of revised plans incorporating amendments as detailed in this report.

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B. The plans be placed on public exhibition for a period of 14 days.

C. A further report be submitted to Council on the outcome of the public exhibition. COUNCIL RESOLUTION Motion Menzies/Lopez That the Officer's Recommendation be adopted. CARRIED UNANIMOUSLY

60. EP/9 - Road Safety Action Plan 2009-2010 Progress Report

OFFICER'S RECOMMENDATION The Manager of Assets and Services recommends that the report be received and noted.

COUNCIL RESOLUTION Motion Menzies/Connon That the Officer's Recommendation be adopted, further that stickers be made available to classified collector roads. That the pedestrian safety campaign is extended into schools for further education surrounding the use of iPods, mobile phones whilst crossing roads. CARRIED UNANIMOUSLY

61. T/62 Esther Road - Request for Disabled Parking

OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. Correspondence from Ms Mockler dated 13 September 2009 be noted; and

B. No changes be made to the parking arrangements in Esther Road at this time.

Can this item be resolved by the Committee: Yes Ms Geraldine Mockler (3/12A Esther Road) addressed the Committee on this item. COMMITTEE RECOMMENDATION Motion Menzies/Mackenzie That the request for disabled parking in Esther Road be approved and appropriate signage be installed. CARRIED UNANIMOUSLY COUNCIL RESOLUTION Motion Menzies/Yates That

A. Submissions from Esther Road residents be noted; and

B. The matter be referred to the next available Local Traffic Committee meeting for advice on the installation of 'No Parking, Vehicles Displaying Mobility Parking Scheme Permits Excepted" signage outside 12A Esther Road. CARRIED UNANIMOUSLY

62. QUESTIONS WITHOUT NOTICE

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63. .By Councillor Halloran The Fortitude Parent Group - a support group for parents and carers of children which

started in Mosman in April 2009 - now has its new logo on the Mosman Council website. Would Council please contact the other Councils on the north shore to ask if they would also display this logo on their website so we can offer support to as many people as possible? The logo has a link with contact details as mission statement of group so people can know what it is about.

Advised by Director Community Development in the affirmative, further, the Fortitude Group is also listed in LINCS (Local Information Network for Community Services) which is an on-line Sydney-wide community directory of services and facilities. The Directory is actively maintained by community information librarians across the metropolitan area.

64. .By Councillor Halloran Before a decision (design) is made on the replacement of the O'Keefe Fountain would

Council consider designs or suggestions from the public that allow the fountains to be re-designed to create a more people/child friendly environment that will encourage more people to relax and enjoy the fountains at Mosman Square? Now is a wonderful opportunity to update the fountains to meet the needs and possible multi uses that fountains today can provide.

Advised by the General Manager that the negotiated settlement with the insurance company for the vandalised fountain was on the basis of a replacement feature being installed, not that the fountain be re-designed. Negotiations with Mr O'Keefe have been on this basis, and he has invested considerable time and funds in sourcing the recommended feature in view of the fact that he personally paid for all of the original works. The intent of the question could be achieved if the fountain had reached the end of its life, but it is difficult in the current circumstances, ie vandalised and covered by insurance.

65. .By Councillor Lopez When approval was given for alterations and additions for the property next to the Wicki's

at 66 Bay Street, one condition was that trees be restricted to a certain height to preserve water views. This has not happened. Why?

Referred to Director Environment & Planning for investigation and appropriate action. 66. .By Councillor Lopez Could the email from Susan Heap (received 22 January 2010) be referred to the Engineer

for attention? Advised by Director Environment & Planning in the affirmative and that parking

restriction in Coronation Avenue is being considered to overcome the issue identified. 67. .By Councillor Menzies To minimise over development could Council lobby to see access handles removed from

calculations for development purposes in the new LEP? Referred to Director Environment & Planning for consideration as part of submissions to

Draft LEP. 68. .By Councillor Menzies

The convex mirror on Rangers Ave at Park Ave is damaged and creating a safety problem for drivers. Could the mirror please be replaced ASAP.

Referred to Director Environment & Planning for action in routine. 69. .By Councillor Moline How often does the SQID get emptied at the bottom of Raglan Street? We have had a lot

of rain off and on over summer and it is becoming very smelly. Advised by Director Environment & Planning that SQIDs are on a regular maintenance

and cleaning program depending on size and location. The one at Raglan Street has been due for cleaning but needed an adjustment to the lid. The clean out is due to be done in the next week.

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70. .By Councillor Moline What is the problem with the water reservoir in Botanic Road? I have had queries from

residents that workmen have been there for days. Do we have a problem - if so, what? Advised by Director Environment & Planning that the system is still undergoing

commissioning. Recent investigations have been underway to ensure that water quality standards are maintained.

71. .By Councillor Reid Could Council raise concerns of the community regarding the dangerous conditions for

pedestrians across Spit and Military Road since the sequencing was changed. There have been many reports of elderly folk and young mothers with prams and small children at foot stranded on the centre island.

Advised by Director Environment & Planning that this matter has been raised a number of times over the past 5/6 years. The arm of the crossing from the median island to southern side of Military Road does not operate unless the call button has been pressed. This means that people wanting to cross from the northern side have to press two buttons to cross all of Military Road unless, coincidentally the button on the southern side was pushed by a person going in the opposite direction. This occurs much of the time but on occasions leaving people to wait for another cycle to cross. The matter has been raised previously with the RTA which claims that no change of sequencing was involved and also that the public has the choice to cross Spit Road from the island and cross Military Road opposite Mosman Square. It would seem clear that the RTA’s preference is for the southern arm of the crossing to be removed completely.

72. By Councillor Reid Subject Awaba St/Spit Road intersection light sequence. It seems there has been a

significant change of sequence/timing of the traffic lights. Recently (since before Christmas) there has been traffic congestion at the Moruben Road/Awaba Street roundabout. As a frequent user I have noticed a massive increase since a longer priority to Spit Road. Prior to Christmas a metro bus was also jammed up in Moruben Road traffic.

Referred to Director Environment & Planning for investigation and response. 73. By Councillor Reid The RTA are currently resurfacing Spit Road along the Spit. The levels are following the

defective levels of the dishdrain on the east side near the southern end of the Spit Bridge. The puddling that results from minor rain events is a danger to cyclists and police when undertaking their duties in that area. The puddling across the road has resulted in vehicles aquaplaning. The RTA dish drain was installed by the RTA to a defective level some 3 years ago.

Referred to Director Environment & Planning for further follow up with RTA about this issue.

74. By Councillor Sherlock Could the Council please report the number of people who have submitted input to the

amenities proposals to date? Advised by Director Environment & Planning that eight written submissions were made

in addition to about 20 phone contacts and suggestions. 75. By Councillor Sherlock Could Council late papers please be delivered to councillors by 1800 hours at the latest?

Alternatively, could they be emailed to councillors as an option? Advised by Director Corporate Services that staff endeavour to have deliveries made

prior to 5 pm, unfortunately there are some occasions due to technical problems that deliveries can be delayed. It is proposed in future where deliveries cannot be made to a person that a telephone call will be made to the Councillor advising of the delivery and where documents have been left.

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76. By Councillor Sherlock Please could the Council provide an update on plans to address the Taronga Zoo ferry

road hazard caused by power poles which have been exposed by the new roadworks. Presently potential hazard.

Advised by Director Environment & Planning that the roadworks are still in progress but all necessary safety requirements are being observed (signage, barricades, bollards, etc). The linemarking to define the carriageway, cycleway, and parking spaces has not been completed due to wet weather. Traffic islands around the power poles are underway and wheel stops will also be installed. Once completed the power poles will be well separated from the travelling lane.

77. By Councillor Wilton Now that Beauty Point Park is named can Council host a small BBQ and ceremony to

celebrate the naming and the placement of the plaque as soon as practicable? Can the nearby residents be invited?

Advised by the Director Corporate Services that following the completion of the administrative processes and the gazettal of the Park name the plaque will be prepared and an appropriate function for its unveiling will be organised.

78. By Councillor Wilton Can the green spaces in Bay Street (in the vicinity of the park in the report to Council

tonight) be considered for naming? Can the residents be consulted? Referred to Director Corporate Services for report. 79. By Councillor Wilton How can we provide basketball facilities for boys and young men in Mosman? This is a

very popular sport and there is no provision for it. Councillors have received a letter from a student asking Council to investigate the possibility and he has put a very good case.

Advised by Director Environment & Planning that basketball rings are available in several locations on public land including Clifton Gardens Reserve, Mosman Park and Memory Park. The location of such facilities has posed problems in the past due to noise, graffiti and related activities. An external ring was suggested as part of the sports hall development at Drill Hall Common but was rejected for the reasons stated above. The provision of court spaces for informal basketball does not appear feasible due to Mosman’s general lack of level land in suitable locations. If sites could be suggested they will be assessed.

80. By Councillor Wilton Can the pedestrian crossing near Beauty Point Public School as proposed by the P&C be

considered under the criteria as was used to install the crossing to serve Queenwood Junior school?

Advised by Director Environment & Planning that the suggested pedestrian crossing is undergoing the preparatory assessment, pedestrian counts and surveys, etc. which have had to await the return to school. Options for funding any crossing can be considered once approval has been obtained.

81. By Councillor Wilton What is Council doing to highlight the International Year of Biodiversity? Can the IYOB be

on our Council website as a link? What can we do to improve biodiversity in our bushland open space tree planting programme? Can we consider some community involvement in discussing the need for biodiversity and how we might achieve this in our community?

Advised by Director Environment & Planning that links have been provided on the topic on Council’s website and various projects are proceeding which involves information and activities related to this issue. Council’s Bushcare Officer is proposed to be involved in biodiversity programs with householders. Further details will be provided throughout the year.

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82. By Councillor Wilton Can the Mayor write on behalf of the Councillors and the community - to the

Commonwealth Minister for the Environment - supporting an optional system for receiving white and yellow telephone books. Under the SENSIS system, people can now ask not to receive these books. It would be preferable to have a system in which people wanting these books request them. What an environmental win that would be. Meanwhile, can the SENSIS website have a link on Council website?

Referred to Director Environment & Planning for investigation. 83. By Councillor Wilton Can Council take action to ensure that Crystal Car Wash in Military Road is carrying out

business within the permitted boundaries as defined in their DA? Residents have reported (and I have often observed) that business is being carried out on the footpath, creating obstacles for pedestrians. The cars pushing out of the Cowles Road exit area also causing a dangerous traffic situation.

Advised by Director Corporate Services that the matter will be referred to the Manager Ranger Services for investigation.

84. By Councillor Yates Is it possible for the public to walk from Bay Street down the unmade Quakers Road then

along the foreshore reserve south to the park adjacent to 10 Bay Street? Was there ever a path? Is it now overgrown?

Advised by Director Environment & Planning that the foreshore is not publicly owned with two private properties with harbour frontage between the two pieces of parkland. There is no public thoroughfare even though it may appear as such.

85. By Councillor Yates What measures can be taken to provide facilities in Mosman for basketball? There

appears to be a demand for facilities which is currently not being met? Advised by Director Environment & Planning that basketball rings are available in

several locations on public land including Clifton Gardens Reserve, Mosman Park and Memory Park. The location of such facilities has posed problems in the past due to noise, graffiti and related activities. An external ring was suggested as part of the sports hall development at Drill Hall Common but was rejected for the reasons stated above. The provision of court spaces for informal basketball does not appear feasible due to Mosman’s general lack of level land in suitable locations. If sites could be suggested they will be assessed.

86. By Councillor Yates Could we have an update on progress on collaboration with utilities in using the Council

contractor to remove graffiti from utility infrastructure? Advised by Director Environment & Planning that Council was contacted this week with

a request to identify the utility properties to be involved. Council will be advised when the contractor commences work.

87. CORRESPONDENCE 88. COR/1 - Correspondence: Mosman Public Art Trust

RECOMMENDATION That the correspondence be received. COUNCIL RESOLUTION Motion Reid/Menzies That the correspondence be received and the Trust be advised that Council no longer requires the submission of audited annual statement of accounts and they should amend

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their constitution as such, Council noting that they already submit their audited statements to the Commonwealth Government. CARRIED UNANIMOUSLY

89. COR/2 - Correspondence: Paediatric Department, Royal North Shore Hospital

RECOMMENDATION That the correspondence be received. COUNCIL RESOLUTION Motion Reid/Moline That the correspondence be received. CARRIED UNANIMOUSLY

90. COR/3 - Correspondence: Annual Reports

RECOMMENDATION That the correspondence be received. COUNCIL RESOLUTION Motion Reid/Menzies That the correspondence be received. CARRIED UNANIMOUSLY

91. NOTICES OF MOTION 92. NM/1 - Notice of Motion: Second Hand Saturday

SUBMITTED BY: Councillor Menzies

That staff investigate and report on implementing the Second Hand Saturday concept in Mosman. COUNCIL RESOLUTION Motion Menzies/Wilton That staff investigate and report on implementing the Second Hand Saturday concept in Mosman. CARRIED UNANIMOUSLY

93. CLOSE OF MEETING The Meeting terminated and Council rose at 12.02am. CONFIRMED: MAYOR 16 February 2010