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Minutes

Ordinary Council Meeting

18 February 2008, 6:45PM

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 February 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor A. Smith, Councillor F.Teirney and Councillor R. Tudge.

 

 

ALSO PRESENT: General Manager,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Manager – Development Assessment and and Chief Executive Secretary.

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Eric Percival, St Giles Church

 

 

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:

 

CONFIDENTIAL ITEMS

 

General Managers Report No. 4

SUBJECT: Valuation Advice - Lane Cove Police Station Site and Consideration of Purchase

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 and as it contains details of the valuation and Council's proposed offer, its release would prejudice negotiations..

 

 

Corporate Services Division Report No. 12

SUBJECT: Tender for the Supply & Delivery of Hardware Items

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 and the report contains information about the tenderers pricing and commercial performance which is market sensitive.  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process.  Tenders have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.

 

 

 

No members of the public made representations.

 

PROCEDURAL MOTION

28

RESOLVED on the motion of Councillors Smith and Gaffney that:-

                         

1.       Resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

                

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

                

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

The Mayor declared the motion carried unanimously.

 

Council moved into Closed Committee of the Whole at 6.47 pm. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

General Managers Report No. 4

SUBJECT: Valuation Advice - Lane Cove Police Station Site and Consideration of Purchase

 

RESOLUTIONS OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as recommended in Closed Committee of Council.

 

Corporate Services Division Report No. 12

SUBJECT: Tender for the Supply & Delivery of Hardware Items

 

RESOLUTIONS OF COUNCIL IN CLOSED COMMITTEE

 

That Council proceed as recommended in Closed Committee of Council.

 

PROCEDURAL MOTION

29

RESOLVED on the motion of Councillors Teirney and Smith that Council move into open Council.

 

The Mayor declared the motion carried unanimously.

 

CONFIDENTIAL ITEMS

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager, prior to being adopted:

 

General Managers Report No. 4

SUBJECT: Valuation Advice - Lane Cove Police Station Site and Consideration of Purchase

30

RESOLVED on the motion of Councillors Tudge and Hassarati that Council proceed as recommended in Closed Committee of Council.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 12

SUBJECT: Tender for the Supply & Delivery of Hardware Items

 

31

RESOLVED on the motion of Councillors Smith and Teirney that Council proceed as recommended in Closed Committee of Council

 

 

The Mayor declared the motion carried unanimously.

 

 

DECLARATIONS OF INTEREST:

 

Nil.

 

APOLOGIES                                                     

Apologies be received on behalf of Councillor T. Lawson.

32

RESOLVED on the motion of Councillors Gaffney and Smith that the apology be accepted and leave of absence be granted..

 

The Mayor declared the motion carried unanimously.

 

SUSPENSION OF STANDING ORDERS

33

RESOLVED on the motion of Councillors Teirney and Tudge that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following people addressed Council:-

 

Mr John Fegan 52A Cliff Rd Northwood – introducing his planner.

 

Mr Kerry Nash – Planning Consultant for 52A – 52C Cliff Road Northwood regarding the development application.

 

Mrs Alice Beauchamp – regarding Mayoral Minute – Acknowledgement of Country.

 

Mr Graham Holland – Lane Cove Bushland & Conservation Society regarding Planning Reforms,  complying developments and community consultations.

 

Mr Doug Stuart - Lane Cove Bushland & Conservation Society and RASAD regarding Development of Planning Controls in respect to 314 Burns Bay Road Lane Cove.

 

Mrs Fiona Walkerdon 50A Cliff Road, Northwood regarding the development application for 52A – 52C Cliff Road Northwood.

 

Ms Margaret Campbell – Planner regarding 52A – 52C Cliff Road Northwood regarding the development application for 52A – 52C Cliff Road Northwood.

 

Resumption of Standing Orders

34

RESOLVED on the motion of Councillors Smith and D'Amico that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

Mayoral Minutes

 

Mayoral Minute No. 1

SUBJECT: Acknowledgement of Country

35

RESOLVED on the motion of Councillors Smith and D'Amico that Council as a matter of respect introduce as part of its Order of Business for each Ordinary Council Meeting an Acknowledgement of Country by the Mayor on behalf of Council.

 

 

The Mayor declared the  motion carried unanimously.

 

The Mayor then acknowledged Country.

 

Procedural Motion

36

RESOLVED on the motion of Councillors Longbottom and Gaffney that the following items be brought forward and dealt with at this time:-

 

Environmental Services Division Report No. 16 – 52A-52C Cliff Road Northwood;

Open Space and Urban Services Division Report No. 3 – Subsidence at 25 Best Street, Lane Cove;

General Managers Report No. 5 – Development of Planning Controls – 314 Burns Bay Road Lane Cove

 

The Mayor declared the  motion carried unanimously.

 

 

Environmental Services Division Report No. 16

SUBJECT: 52A-52C Cliff Road, Northwood

37

RESOLVED on the motion of Councillors Longbottom and Smith that the General Manager be delegated authority to determine the Section 96 application taking into account the following:

 

  1. The extent of the dwelling at ground and first floor level to be a maximum length of 18.5m from the north/west corner of the boundary and that 18.5m point (with a corresponding line drawn across the site at 90 degrees to the northern boundary) to be verified by the registered building surveyor PRIOR TO THE ISSUE OF THE DEVELOPMENT CONSENT.

 

  1. The pool and pool deck to extend no further than 26m from the north-west corner of the boundary and that 26m point (with a corresponding line drawn across the site at 90 degrees to the northern boundary) to be verified by the registered building surveyor PRIOR TO THE ISSUE OF THE DEVELOPMENT CONSENT.   No pool deck is to be constructed at the eastern edge of the pool with the pool to be of “wet edge” design.  

 

  1. The northern deck of the pool to be reduced to 500mm in width with a setback of 1.5m from the northern boundary.

 

  1. The deck extending from the living room, BBQ and basement store to extend no further than a line drawn across the site 21.5m from the north western corner of the boundary and that 21.5m point (with a corresponding line drawn across the site at 90 degrees to the northern boundary) to be verified by the registered building surveyor PRIOR TO THE ISSUE OF THE DEVELOPMENT CONSENT.

 

  1. Pool fencing to be of see through design other than glass panels.

 

  1. New planting to the north and east of the pool to be maintained at a level no higher than 1.2m above the pool deck

 

  1. The deck and pool deck to be at RL24.85.

 

 

The Mayor declared the  motion carried unanimously.

 

DECLARATION OF INTEREST:

 

Councillor Teirney declared a pecuniary  interest in General Managers Report No. 5 – Development of Planning Controls – 314 Burns Bay Road Lane Cove as she owns a property adjacent to the site.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 3

SUBJECT: Subsidence at 25 Best Street, Lane Cove

38

RESOLVED on the motion of Councillors Longbottom and Gaffney that :-

 

1.   Council receive and note the report.

2.   Council, as a measure of good faith, undertake repair work to the damaged pavement/sink hole in 25 Best Street, Lane Cove on an ex-gratia basis without admission of liability.

3.   If the cost is estimated to exceed $5,000, a report be submitted to Council.

4.   The Body Corporate be requested to sign a release acknowledging the work by Council.

 

 

The Mayor declared the  motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 5

SUBJECT: Development of Planning Controls 314 Burns Bay Road

Councillor Teirney vacated the chamber and took no part in discussion or voting

 

 

MOTION

 

A  motion was moved by Councillors Freedman and Tudge that:-

 

  1. Council  make available and widely advertise the Scott Carver report as part of the DLEP considerations, given the short time that the documents are to be exhibited.

 

  1. Council defer any further consideration of the SC Report until comments are submitted by the community on the proposals in the Scott Carver report.

 

  1. Attendees at the community workshop be notified that the report is available and contemplates options not presented at the consultation sessions.

 

  1. The Body Corporates surrounding the site be notified of the report.

 

FORESHADOWED MOTION

 

A foreshadowed  motion was moved by Councillors Longbottom and Smith that Council:-

 

1.   Note the preferred Building Envelope and associated development parameters as set out in this report to guide the redevelopment of 314 Burns Bay Road;

2.   Note that this Scott Carver report was made available as background information as a supporting document to the public exhibition of the draft Lane Cove Local Environmental Plan 2007 and is available for download from Council’s website;

3.   Request the General Manager to explore options to improve pedestrian and cycle links from this site to Burns Bay Reserve, the foreshore and Burns Bay Road;

4.   Authorise the General Manager to commence negotiations with adjacent property owners in regard to cost sharing arrangements to provide and improve access arrangements to meet the development potential foreshadowed in the draft LEP 2007; and

5.   Note that a public hearing to reclassify part of 314 Burns Bay Road from Community Land to Operational will be undertaken as part of the LEP process and that all previous participants in the community consultations be informed.

 

 

Upon being put to the Meeting, the motion was declared lost.

 

For the  were Councillors Freedman and Tudge (Total 2).

Against the  were Councillors D'Amico, Gaffney, Hassarati, Longbottom and Smith (Total 5).

Absent Councillor Teirney (Total 1).

 

The Foreshadowed  Motion became the motion and upon being put to the Meeting, was declared carried.

 

39

For the motion were Councillors D'Amico, Gaffney, Hassarati,  Longbottom and Smith (Total 5).

Against the motion were Councillors Freedman and Tudge (Total 2).

Absent: Councillor Teirney (Total 1).

 

Councillor Teirney rejoined the meeting.

 

ADJOURNMENT:

 

The Mayor adjourned the meeting at 8:12pm and opened the Services and Resources Committee Meeting and adjourned it.

 

RESUMPTION:

 

The meeting resumed at 8:13pm.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 4 FEBRUARY 2008

40

RESOLVED on the  motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 4 February 2008 be received.

 

The Mayor declared the motion carried unanimously.

 

41

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 4 February 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 3

SUBJECT: Council and Committee Meeting Schedule - March 2008

42

RESOLVED on the motion of Councillors Gaffney and Teirney that the Council and Committee Schedule for March 2008 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

The Mayor asked Council to take a few moments to reflect on the passing of two very prominent citizens of Lane Cove, the Late Syd Friedlander OAM and the Late Smoky Dawson.    The Mayor spoke on the great contributions made to the community by both these exceptional men.

 

Order Of The Day No. 4

SUBJECT: Meeting in the Plaza - Saturday 23 February 2008

43

RESOLVED on the motion of Councillors Tudge and Gaffney that Councillors Tudge, Freedman and if possible, Councillor Gaffney, meet in the Plaza for February.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 11

SUBJECT: 2nd Quarter 2007 - 2008 Budget Review

44

RESOLVED on the motion of Councillors Smith and Tudge that the 2007 - 2008 Budget be varied in terms of this report.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 17

SUBJECT: NSW Planning Reforms - endorsement of LGSA's Leaders' Forum policy

45

RESOLVED on the motion of Councillors Longbottom and Gaffney that:-

 

1.   Council receive, note and endorse the resolution made at the LGSA Leaders’ Forum, and:-  

 

a.   Lane Cove Council support the actions of the Presidents and Executives of the Local Government and Shires Association in mounting a campaign on the NSW Government’s proposed planning changes, including both the issue of section 94 developer contributions and the s in the Government’s discussion paper, and preparing an alternative reform package as a basis for discussion with the Government, councils, stakeholders and the community.

 

b.   Lane Cove Council refuse to cooperate with the NSW Government if requested to transfer section 94 funds held in trust by councils, to the Government.

c.   Lane Cove Council supports in principle the proposal that the Associations seek contributions from member councils towards the cost of engaging high level lobbying and media representation to formulate and assist with the implementation of a continuing public campaign.

 

  1. The LGSA be advised of the above resolution.

 

3.   Council notes and supports the actions of NSROC at its meeting of 14 February 2008, as follows:-

1.         That NSROC support the actions of the LGSA in campaigning against the NSW government’s proposed planning changes, including changes to Section 94, and supports the alternative reform models proposed by the LGSA as a basis for discussion with the state government, councils, stakeholders and the community.

 

2.         That the NSROC Councils refuse to cooperate with the NSW Government if requested to transfer Section 94 funs held in trust to the state government.

 

3.         That Dominic Johnson, Executive Director, NSROC, is delegated authority to embark on a regional campaign, in concert with the individual member councils, against the changes, and that it may include, but not limited to, any of the following actions:

 

i)             Creation of a ‘HandsOffCouncils’ website which explains the issue in clear language and includes state member contact details, an online petition, and a proforma letter that can be downloaded and sent to state members lobbying against the changes.  The website will be linked to all the NSROC member councils and the LGSA (approximate cost $1000).

 

ii)            A co-ordinated ‘Day of Action’ for Mayors and other councillors which would target education residents and encourage them to lobby parliamentarians against the changes and to sign a petition against the changes.

 

iii)            A media campaign which would include a series of press releases and/or advertisements in local media raising the issue and urging residents to reject the proposed changes (Costs for full page advertisements in the five major suburban newspapers range from $2880 to $5058, or for all five it would be $19, 756).

 

iv)           A direct lobbing campaign in which the NSROC mayors would write to all New South Wales MPs and MLCs voicing opposition to the changes and requesting opposition to the supporting legislation;

 

v)            A mail-out campaign in which Mayors would use either direct mail outs or rate notices inserts to raise the issue with residents and urge action against the proposed changes; and

 

vi)           A longer term campaign seeking to use the upcoming local government elections as a mechanism to question the ability of the state government to deliver planning and infrastructure outcomes for the community.

 

 

The Mayor declared the motion carried unanimously.

 

CLOSE

 

The meeting closed at 8:37pm.

 

Confirmed at the Ordinary Council Meeting of 3 March 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document3