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Pittwater Council Minutes Council Meeting held at Mona Vale Memorial Hall, Mona Vale on 3 September 2012 Commencing at 6.30pm
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Pittwater Council Minutes Council Meeting€¦ · Council Meeting 1.0 Apologies 5 2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

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Page 1: Pittwater Council Minutes Council Meeting€¦ · Council Meeting 1.0 Apologies 5 2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

Pittwater Council Minutes Council Meeting

held at Mona Vale Memorial Hall, Mona Vale on

3 September 2012

Commencing at 6.30pm

Page 2: Pittwater Council Minutes Council Meeting€¦ · Council Meeting 1.0 Apologies 5 2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

Minutes of the Council Meeting held on 3 September 2012. Page 2 ……………………………… …………………………….

General Manager Mayor

ATTENDANCE

Members

Rose, H (Mayor & Chairperson) White, I (Deputy Mayor) Giles, P Grace, B Hegarty, J Hock, P Townsend, J

Officers

Ferguson, M (General Manager) Evans, S (Director, Environmental Planning & Community) Hunt, C (Director, Urban & Environmental Assets) Lawrence, W (Manager, Administration & Governance) Reid, P (Manager, Corporate Strategy & Commercial) Rodham, P (Environmental Health Officer) Godfrey, L (Manager, Community, Library & Economic Development) Rawe, S (Corporate Development & Commercial) Williams, A (Principal Development Officer) Shaw, M (Manager, Urban Infrastructure) Angles, G (Principal Officer, Administration) Tasker, P (Administration Officer/ Minute Secretary)

Page 3: Pittwater Council Minutes Council Meeting€¦ · Council Meeting 1.0 Apologies 5 2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

Minutes of the Council Meeting held on 3 September 2012. Page 3 ……………………………… …………………………….

General Manager Mayor

Council Meeting

TABLE OF CONTENTS

Item No Item Page No

Council Meeting

1.0 Apologies 5

2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

5

3.0 Confirmation of Minutes 5

4.0 Public Addresses 6

5.0 Mayoral Minutes 6

6.0 Business by Exception 6

7.0 Council Meeting Business 6

C7.1 End of Term Report 2008-2012 6

Community, Recreation and Economic Development Committee

8.0 Community, Recreation and Economic Development Committee Business

7

C8.1 N0094/12 - 40 Sunrise Road Palm Beach - Demolition of the existing dwelling

7

C8.6 Minutes of the Pittwater Traffic Committee Meeting held on 14 August 2012

8

C8.2 Council's Revolving Energy Fund 8

C8.3 Minutes of the Community, Recreation & Economic Development Reference Group Meeting of 1 August 2012

8

C8.4 Minutes of the Planning an Integrated Built Environment Reference Group Meeting held on 15 August 2012

9

C8.5 Minutes of the Community Engagement, Information and Governance Reference Group Meeting of 22 August 2012

9

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Minutes of the Council Meeting held on 3 September 2012. Page 4 ……………………………… …………………………….

General Manager Mayor

Item No Item Page No

Natural Environment Committee

9.0 Natural Environment Committee Business 10

C9.1 Minutes of the Natural Environment Reference Group Meeting held on 8 August 2012

10

Council Meeting

10.0 Adoption of Community, Recreation and Economic Development Committee Recommendations

11

11.0 Adoption of Natural Environment Committee Recommendation

11

12.0 Councillor Questions 11

Committee of the Whole

14.0 Confidential Items 12

C13.1 Mayoral Minute - General Manager's Performance Review - 2012

12

Council Meeting

15.0 Adoption of the Committee of the Whole Recommendation

13

Page 5: Pittwater Council Minutes Council Meeting€¦ · Council Meeting 1.0 Apologies 5 2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

Minutes of the Council Meeting held on 3 September 2012. Page 5 ……………………………… …………………………….

General Manager Mayor

Notes: 1. The Council Meeting commenced at 6.30pm and adjourned at 7.08pm, recommenced at

7.54pm and adjourned at 7.56pm, recommenced at 8.01pm and concluded at 8.02pm. 2. The Community, Recreation & Economic Development Committee Meeting commenced at

7.09pm and concluded at 7.50pm. 3. The Natural Environment Committee Meeting commenced at 7.51pm and concluded at

7.53pm. 4. The Committee of the Whole Meeting commenced at 7.57pm and concluded at 8.00pm.

Council Meeting

1.0 Apologies

COUNCIL DECISION That apologies be received and accepted from Cr Dunbar and Cr James, and leave of absence be granted from the Council Meeting held on 3 September, 2012.

(Cr Hegarty / Cr Giles)

2.0 Declarations of Pecuniary and Conflict of Interest including any Political Donations and Gifts

Nil.

3.0 Confirmation of Minutes

COUNCIL DECISION That the Minutes of the Council Meeting held on 20 August, 2012, copies of which were circulated to all Councillors be and are hereby confirmed as a true and accurate record of the proceedings of that meeting.

(Cr Hegarty / Cr Townsend)

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Minutes of the Council Meeting held on 3 September 2012. Page 6 ……………………………… …………………………….

General Manager Mayor

4.0 Public Addresses C7.1 – End of Term Report 2008-2012 – with the leave of the Council Mr Robert Dunn addressed the meeting speaking against the recommendation on this item. C8.1 – N0094/012 – 40 Sunrise Road Palm Beach – Demolition of the existing dwelling – with the leave of the Council Mr Greg Boston and Mr Roger McIlroy addressed the meeting speaking in support of this item. C8.6 – Minutes of the Pittwater Traffic Committee Meeting held on 14 August 2012 (Item TC4.4 – Bungan Head Road Newport – Proposed One Lane Slow Point ) - with the leave of the Council Mr Richard Links and Mr Antony Bloom addressed the meeting speaking against the recommendation on Item TC4.4 contained in the Pittwater Traffic Committee Minutes. C13.1 – Confidential Mayoral Minute – General Manager’s Performance Review – 2012 – with the leave of the Council Mr Robert Dunn addressed the meeting speaking against this item and Mr Chris Hornsby addressed the meeting speaking in support of this item.

5.0 Mayoral Minutes See Item C13.1 in the Confidential Section of this Agenda.

6.0 Business by Exception (All items on the Agenda)

Nil.

7.0 Council Meeting Business

C7.1 End of Term Report 2008-2012

COUNCIL DECISION That the End of Term Report for 2008-2012 (as tabled) be endorsed.

(Cr White / Cr Rose)

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Minutes of the Council Meeting held on 3 September 2012. Page 7 ……………………………… …………………………….

General Manager Mayor

Procedural Motion (COUNCIL DECISION) That the Council Meeting be adjourned and the Community, Recreation & Economic Development Committee Meeting now commence.

(Cr Rose / Cr Giles) Notes: 1. The Council Meeting adjourned at 7.08pm and the Community, Recreation & Economic

Development Committee Meeting commenced at 7.09pm. 2. Cr Rose remained in the Chair.

Community, Recreation and Economic Development Committee

8.0 Community, Recreation and Economic Development Committee Business

C8.1 N0094/12 - 40 Sunrise Road Palm Beach - Demolition of the existing dwelling

COMMITTEE RECOMMENDATION A. That in relation to Development Application N0094/12 relating to 40 Sunrise Road Palm

Beach the draft conditions at Attachment 2 to the report be adopted, with the deletion of the deferred commencement condition (Part 1).

B. That in accordance with Clause 16 of the Council’s adopted Code of Meeting Practice the

reasons for the deviation from the staff recommendation in relation to this application are as follows:

That it is evident that the heritage character of this section of the Sunrise Hill Conservation area will not be further impacted by the proposed demolition as the area’s conservation value has been considerably altered and diminished. Further, a deferred commencement condition is not warranted in this context.

(Cr Townsend / Cr Rose)

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Minutes of the Council Meeting held on 3 September 2012. Page 8 ……………………………… …………………………….

General Manager Mayor

Note: A division was duly taken resulting in the following voting: Aye (For) No (Against) Cr Rose Nil Cr White Cr Giles Cr Grace Cr Hegarty Cr Hock Cr Townsend

C8.6 Minutes of the Pittwater Traffic Committee Meeting held on 14 August 2012

COMMITTEE RECOMMENDATION

That the Traffic Committee recommendations contained in the Minutes of the Meeting of 14 August 2012 be adopted after deleting part 2 of the Committee Recommendation in Item TC4.4 – Bungan Head Road Newport – Proposed One Lane Slow Point, and that part 1 of that recommendation be deferred for further discussion with the community.

(Cr Giles / Cr Hegarty)

C8.2 Council's Revolving Energy Fund

COMMITTEE RECOMMENDATION That the net savings and reduction in energy consumption as a result of the initiatives contained in the Revolving Energy Fund program be noted.

(Cr Townsend / Cr Giles)

C8.3 Minutes of the Community, Recreation & Economic Development Reference Group Meeting of 1 August 2012

COMMITTEE RECOMMENDATION That the Minutes of the Community, Recreation and Economic Development Reference Group Meeting of 1 August 2012 be noted.

(Cr White / Cr Giles)

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Minutes of the Council Meeting held on 3 September 2012. Page 9 ……………………………… …………………………….

General Manager Mayor

C8.4 Minutes of the Planning an Integrated Built Environment Reference Group Meeting held on 15 August 2012

COMMITTEE RECOMMENDATION That the Minutes of the Planning an Integrated Built Environment Reference Group meeting of 15 August 2012 be noted.

(Cr Rose / Cr Giles)

C8.5 Minutes of the Community Engagement, Information and Governance Reference Group Meeting of 22 August 2012

COMMITTEE RECOMMENDATION 1. That the Minutes of the Community Engagement, Information & Governance Reference

Group Meeting held on 22 August 2012 be noted. 2. That the initiatives discussed in relation to:

• Community Strategic Plan Review

• ‘Form Letter’ Review – Update

• Independent Local Government Review Panel

be taken into consideration when developing / updating Council’s Delivery Plan and Strategic documents.

(Cr Grace / Cr Townsend)

Procedural Motion (COUNCIL DECISION) That the Community, Recreation & Economic Development Committee Meeting be concluded and the Natural Environment Committee Meeting now commence.

(Cr Rose / Cr Hegarty) Notes: 1. The Community, Recreation & Economic Development Committee Meeting concluded at

7.50pm and the Natural Environment Committee Meeting commenced at 7.51pm. 2. Cr Rose remained in the Chair.

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Minutes of the Council Meeting held on 3 September 2012. Page 10 ……………………………… …………………………….

General Manager Mayor

Natural Environment Committee

9.0 Natural Environment Committee Business

C9.1 Minutes of the Natural Environment Reference Group Meeting held on 8 August 2012

COMMITTEE RECOMMENDATION That the Minutes of the Natural Environment Reference Group Meeting held on 8 August 2012 that relate to the Discussion Papers on:

• Community Strategic Plan Review

• Draft Pittwater Vegetation Management Plan and the Actions and Progress to date, along with further initiatives and reference points to strengthen these initiatives be noted and this information be taken into consideration as part of Council's Strategic Plan, Delivery Plan and specific management plan processes.

(Cr Hock / Cr Rose)

Procedural Motion (COUNCIL DECISION) That the Natural Environment Committee Meeting be concluded and the Council Meeting now recommence.

(Cr Rose / Cr Giles) Notes: 1. The Natural Environment Committee Meeting concluded at 7.53pm and the Council

Meeting recommenced at 7.54pm. 2. Cr Rose remained in the Chair.

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Minutes of the Council Meeting held on 3 September 2012. Page 11 ……………………………… …………………………….

General Manager Mayor

Council Meeting

10.0 Adoption of Community, Recreation and Economic Development Committee Recommendations

COUNCIL DECISION That the recommendations on Items C8.1, C8.2, C8.3, C8.4, C8.5 and C8.6 of the Community, Recreation & Economic Development Committee comprising all Council members be and are hereby adopted.

(Cr Grace / Cr Giles)

11.0 Adoption of Natural Environment Committee Recommendation

COUNCIL DECISION That the recommendation on Item C9.1 of the Natural Environment Committee comprising all Council members be and is hereby adopted.

(Cr Grace / Cr Giles)

12.0 Councillor Questions Nil.

Procedural Motion (COUNCIL DECISION) That Council resolve into Committee of the Whole and that in the public interest and in accordance with Section 10A(2)(a) of the Local Government Act, 1993, the public and press be excluded from the meeting to consider Item C13.1 – Mayoral Minute – General Manager’s Performance Review - 2012. Section 10A(2)(a) permits the Council to close the meeting to consider:

(a) personnel matters concerning particular individuals

(Cr Hegarty / Cr Giles)

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Minutes of the Council Meeting held on 3 September 2012. Page 12 ……………………………… …………………………….

General Manager Mayor

Notes: 1. The Council Meeting adjourned at 7.56pm and the Committee of the Whole

Meeting commenced at 7.57pm. 2. Cr Rose remained in the Chair. 3. The Mayor advised the meeting that he had received no written submissions from the

public seeking to address the Committee on whether the meeting should be closed to consider Item C13.1. There were no requests to make a verbal representation.

4. The General Manager, The Director of Urban & Environmental Assets, The Director of

Environmental Planning & Community and the Manager, Administration & Governance, left the meeting at 7.57pm and returned at 8.00pm.

Committee of the Whole

Report of Closed Session - 3 September 2012 Council resolved into Committee of the Whole, with the press and public excluded to consider the report on item C13.1. Upon resumption into Open Council the Mayor reported that the following recommendations had been formulated by the Committee of the Whole in Closed Session.

14.0 Confidential Items

C13.1 Mayoral Minute - General Manager's Performance Review - 2012

COMMITTEE RECOMMENDATION That the report of the Review Committee on the performance of Mr Mark Ferguson, General Manager, over the 12 month period 20 September 2011 to 19 September 2012 be adopted.

(Cr Rose / Cr Giles)

Procedural Motion (COUNCIL DECISION) That the Committee of the Whole meeting be concluded and the Council Meeting now recommence.

(Cr Giles / Cr Hegarty)

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Minutes of the Council Meeting held on 3 September 2012. Page 13 ……………………………… …………………………….

General Manager Mayor

Notes: 1. The Committee of the Whole Meeting concluded at 8.00pm and the Council Meeting

recommenced at 8.01pm. 2. Cr Rose remained in the Chair.

Council Meeting

15.0 Adoption of the Committee of the Whole Recommendation

COUNCIL DECISION That the recommendation on Item C13.1 of the Committee of the Whole comprising all Council members be and is hereby adopted.

(Cr Rose / Cr Giles)

THERE BEING NO FURTHER BUSINESS THE MEETING CONCLUDED AT 8.02PM

ON MONDAY 3 SEPTEMBER 2012