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Minutes of the Finance, Ethics & Strategic Planning Committee Meeting held on Tuesday, 6 May 2008. Council Meetings Minutes Index
PRESENT
Councillor Wakefield (Chair) Crs Betts, Copeland, Kanak, Kay, Main and Strewe. Cr Clayton and Ridyard were also in attendance.
At the commencement of proceedings at 7.40pm those present were as listed above with the exception of Cr Kanak who arrived at 8.10pm during consideration of Item 13 - Small Grants Program 2007-2008 (Round 2).
F-0805.A Apologies
Apologies were received and accepted from Cr Moscatt. Late apologies were received and accepted from Cr Kanak.
F-0805.DIDeclarations of Interest
The Chair called for Declarations of interest and the following was received:
1. Cr Betts declared a non–pecuniary interest in Item F-0805.13 - Small Grants Program 2007-2008 (Round 2) (A07/1296-01 & 02). Cr Betts informed the Committee that she is on the Board of WAYS.
F-0805.1Independent Hearing & Assessment Panel (IHAP) - Additional Appointment of an Independent Specialist (A05/1940-02)
Report dated 23 April 2008 from the Director, Planning and Environmental Services regarding an additional appointment of an independent specialist to the existing pool of experts on the panel.
MOTION / DECISION (Strewe / Main) That Council:
1. Receive and note this report.
2. Authorise the appointment of an additional specialist member - Tina Spiegel, to the Independent Hearing and Assessment Panel pool of specialists.
F-0805.2Draft Environmental Planning and Assessment Amendment Bill 2008 (A04/0705)
Report dated 28 April 2008 from the Director, Planning and Environmental Services regarding the public exhibition and Council’s submission to the draft Environmental Planning and Assessment Amendment Bill 2008 released by the Department of Planning.
MOTION / DECISION (Kay / Strewe)That Council receive and note this report.
F-0805.3Management Plan 2007-2011 – Third Quarterly Review (A07/1488)
A copy of the Third Quarterly Review of the Management Plan was distributed separately with the agenda.
MOTION / DECISION (Strewe / Main)
That Council receive and note the Third Quarterly Review of the 2007-2011 Management Plan.
F-0805.4Review of NSW Local Government Investments – The Cole Inquiry Report (A05/0197)
Report dated 23 April 2008 from the Director, Corporate and Technical Services about the review of NSW local government investments released April 2008.
MOTION / DECISION (Strewe / Main)That Council:1. Receive and note the report.
2. Observe the findings of the Cole Inquiry with regard to future investments, and
3. Note that Council’s Investment Policy, due for review in May 2008, will be reviewed in line with the findings of the Cole Inquiry.
F-0805.5Investment Portfolio Reporting (A03/2211, A05/0197)
Report dated 23 April 2008 from the Director, Corporate and Technical Services about reporting on Council’s investment portfolio for period ending March 2008.
MOTION / DECISION (Strewe / Main)That Council:1. Receive and note this report.2. Note that all investments have been made in accordance with the requirements of section 625 of the Local Government Act 1993 and directions from the Minister for Local Government and Council’s Investment Policy.
F-0805.6Outstanding Notices of Motions (A02/0649)
Report dated 24 April 2008 from the General Manager about progress achieved on the outstanding notices of motions and mayoral minutes.
MOTION / DECISION (Wakefield / Betts)That this matter be deferred to the May Council meeting for further consideration.
F-0805.7Budget Review (A03/0346)
Report dated 23 April 2008 from the Director, Corporate & Technical Services on Council’s 3rd Quarter Budget Review for 2007/08.
MOTION / DECISION (Strewe / Main)
That Council:
1. Note this report on the budget review for the 3rd quarter 2007/08.
2. Vary the allocations in accordance with the review document.
F-0805.8 May Information Bulletin
Reports were provided in the May Information Bulletin distributed separately with the Agenda.
MOTION / DECISION (Main / Betts)
That the May Information Bulletin be received and noted.
F-0805.9 Lush on Bondi, Bondi Pavilion - Transfer of Lease (A04/0385-02)
Report dated 24 April 2008 from the Director, Corporate & Technical Services about Mr S Lusher requesting a transfer and sub-letting of his lease.
MOTION / RECOMMENDATION (Betts / Kay)That:
1. Council approve the transfer of Mr Lusher’s lease of Lush on Bondi, Bondi Pavilion to Mr I Manthopoulos, currently operating the Surfish leased premises at Bondi Pavilion subject to approval of the Minister of Lands and for Council to approve an initial sub-lease of the premises to Mr Manthopoulos.
2. The Mayor and General Manager be authorised to finalise negotiations, sign and execute the necessary documentation and affix the Council Seal to the leases and associated documentation.
3. Council Officers inspect the premises for compliance with conditions of consent to ensure all Council requirements have been adhered to.
4. No use of plastic forks and knives is permitted and proper table service is provided.
5. The hot tub containing oil by the stairs is removed.
6. There be no storing of materials from the premises under the colonnade.
7. The designated outdoor seating area be marked correctly.
8. The lessee abides by all conditions of the consent.
F-0805.10 Licence of Bronte Kiosk (A02/0234)
Report dated 24 April 2008 from the Director, Corporate & Technical Services about renewing the licence for Bronte Kiosk to Bronte SLSC.
MOTION / RECOMMENDATION (Betts / Strewe)
That:
1. Council approve a 5 year licence agreement with Bronte Surf Life Saving Club Inc to operate and manage the Bronte Kiosk as detailed in this report.
2. The Mayor and General Manager be authorised to complete negotiations, execute documents and affix the Council seal to the licence agreement.
F-0805.11 Waverley Planning Review 2010 (A07/1581)
Report dated 6 May 2008 from the Director, Planning and Environmental Services seeking Council’s resolution to prepare a Local Environmental Plan and Development Control Plan for the Waverley Local Government Area pursuant to Sections 54 and 72 of the Environmental Planning and Assessment Act respectively.
MOTION / RECOMMENDATION (Main / Strewe)That:
1. Pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act), Council resolve to prepare a draft Local Environmental Plan in respect of the whole of the Waverley Local Government Area in accordance with the Best Practice Guidelines (published by DIPNR in January 1997 titled LEPs and Council Land).
2. Subject to 1 above and pursuant to Section 54(4) of the EP&A Act, Council advise the Director General of the Department of Planning of Council’s resolution to prepare the draft Local Environmental Plan.
3. Council also advise the Director General that a Study under Section 57 of the EP&A Act is not necessary given the extensive studies that have been undertaken to date, the fact that the plan is being prepared in accordance with the Metropolitan Strategy and that it will be consistent with the East Subregion Draft Subregional Strategy.
4. Pursuant to Section 62 of the EP&A Act, Council commence consultation with relevant public authorities that may be affected by the plan.
5. Council resolve to prepare a draft Development Control Plan for the whole of the Waverley Local Government Area pursuant to Section 72 of the EP&A Act 1979.
F-0805.12 Goods and Services Tax (GST) Certificate (A04/0081)
Report dated 22 April 2008 from the Director, Corporate and Technical Services about compliance with GST law, as required by the Department of Local Government for NSW.
MOTION / RECOMMENDATION (Main / Betts)
That:
The Mayor, and the Chair of the Finance, Ethics & Strategic Planning Committee, along with the General Manager and the Responsible Accounting Officer, be authorised to certify the following:
1. Voluntary GST has been paid by Council for the period 1 May 2007 to 30 April 2008.
2. Adequate management arrangements and internal controls were in place to enable Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.
3. No GST non-compliance events by Council were identified by or raised with the Australian Taxation Office.
F-0805.13 Small Grants Program 2007-2008 (Round 2) (A07/1296-01 & 02)
Report dated 14 April from the Director, Recreation Customer and Community Services about the Small Grants Program (Round 2) 2007-2008.
MOTION / RECOMMENDATION (Main / Betts)That Council provide financial assistance under the Small Grants Program (Round 2) 2007-2008 to the groups and activities proposed in this report.
Cr Wakefield voted against the Motion.
Cr Betts declared a non–pecuniary interest in this Item. Cr Betts informed the Committee that she is on the Board of WAYS.
MATTERS TO BE DEALT WITH IN CLOSED SESSION
Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media.
In accordance with section 10A(2) of the Act, Council or a Committee of Council, of which all members are Councillors, may close part of its meeting to deal with business of the following kind:
(a) personnel matters concerning particular individuals. (b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business. (d) commercial information of a confidential nature that would, if disclosed: i prejudice the commercial position of a person who supplied it; or ii confer a commercial advantage on a competitor of Council; iii reveal a trade secret. (e) information that would, if disclosed, prejudice the maintenance of law. (f) matters affecting the security of Council, Councillors, Council staff and Council property. (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege. (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.
Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed.
F-0805.14 CONFIDENTIAL REPORT - Evaluation of Tender for Green Waste Disposal (A07/1631)
Confidential report dated 8 April 2008 from the Director, Public Works about the findings from the Assessment Panel created to evaluate the Green Waste Disposal tender.
Council decided to deal with this Item in Open Session.
MOTION / RECOMMENDATION (Kay / Betts)That:
1. Should Council decide not to deal with this matter in closed session, this report is to be treated as confidential in accordance with section 11(3) of the Local Government Act 1993.
2. Council accept the tender from WSN Environmental Solutions for 3 years with 2 by 1 year options, for Green Waste Disposal and that Council enter into a Contract under Clause 178 of the Local Government (General) Regulation 2005.
3. Council authorise the General Manager in conjunction with the Mayor to enter into a contract on behalf of Council with the recommended tenderer for Green Waste Disposal.
4. Council notify the unsuccessful tenderer of the tender result.
F-0805.RM SUBMISSION OF RESCISSION MOTIONS
Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council's Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.
Rescission motions received before the close of a meeting will stay action to implement Council's decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council's Code of Meeting Practice.
Rescission motions received after the close of a meeting will not stay action on implementing Council's decision.
Rescission motions will generally be dealt with at the next Council meeting.
The Chair called for the submission of any rescission motions and none were received.
THE MEETING CLOSED AT 8.20PM
SIGNED AND CONFIRMED MAYOR 20 MAY 2008
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