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Minutes

Ordinary Council Meeting

21 July 2008 6:45pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 21 July 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), Councillor R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor T. Lawson, Councillor A. Smith, Councillor F.Teirney and Councillor R. Tudge.

 

 

ALSO PRESENT: General Manager,  Acting Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Manager – Development Assessment,  Director Major Projects and Chief Executive’s Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Lawson declared a non pecuniary interest in Environmental Services Division Report No. 297 – 12 Chisholm Street, Greenwich to the Planning & Building Committee meeting as the applicant had provided him with some assistance for his election campaign material.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Roger Kay.

 

Confidential Items

 

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:

 

General Managers Report No. 24

SUBJECT: Redevelopment Options for Friedlander Place including Road Closure

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) (g) 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; AND the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 specifically the report contains details of legal advice from Council's Solicitors and commercial information about the proposed redevelopment of Friedlander Place.

 

 

Human Services Division Report No. 12

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 specific details of advice from Council's Solicitors in regards to potential litigation.

 

 

 

PROCEDURAL MOTION

226

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

                         

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.

 

Closed Committee of the Whole commenced.

 

Human Services Division Report No. 12

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 specific details of advice from Council's Solicitors in regards to potential litigation.

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council receive and note the report from Cutler Hughes & Harris and their appointed experts and progress the matter as discussed in Closed Committee.

 

 

 

PROCEDURAL MOTION

227

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

 

The Mayor declared the motion carried unanimously.

 

Open Council was resumed.

 

APOLOGIES                                                     

 

Apologies were received on behalf of Councillor J. Hassarati.

228

RESOLVED on the motion of Councillors Tudge and D’Amico that the apology be accepted and leave of absence be granted.

 

The Mayor declared the motion carried unanimously.

 

ACKNOWLEDGEMENT OF COUNTRY:

 

The Mayor gave an Acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

229

RESOLVED on the motion of Councillors Lawson and Smith 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:

 

James McDonnell 68 Gordon Crescent, Lane Cove regarding the DLEP with respect to Gordon Crescent and Mowbray Road above Gordon Crescent.

 

Barry  De Crummere  62 Gordon Crescent, Lane Cove regarding the DLEP with respect to Gordon Crescent and Mowbray Road above Gordon Crescent.

 

Doug Cox 66 Gordon Crescent, Lane Cove regarding the DLEP with respect to Gordon Crescent and Mowbray Road above Gordon Crescent.

 

Glenda Whiteman 70 Gordon Crescent, Lane Cove regarding the DLEP with respect to Gordon Crescent and Mowbray Road above Gordon Crescent.

 

Alasdair Stuart 11 Johnstone Crescent Lane Cove regarding the feasibility of high rise buildings in the area of Gordon Crescent and Mowbray Road

 

Sally Penfold 11 Coogan Place Lane Cove regarding a trampoline at the rear of her property.

 

David Stevens 6 Morvens Gardens Greenwich requesting Council rezone his property.

 

Margaret Bergomi 21A Johnstone Crescent, Lane Cove and member of Stringy Bark Creek Residents Association regarding proposed density for Mowbray Road in DLEP.

 

Meridith  Southwood 17 Mitchell Street, Greenwich regarding the DLEP with respect to the  Greenwich Area and requesting extension of time frame for submissions.   She also spoke on DA for 196 Pacific Highway Greenwich.

 

Brian McDonald 46 Gordon Crescent, Lane Cove regarding the DLEP with respect to Gordon Crescent and Mowbray Road above Gordon Crescent.

 

Frances Vissel representing Stringy Bark Creek Residents Association requesting extension of time for submissions on the DLEP and various aspects of the DLEP.

 

Andrew Crawford Architect for 196 Pacific Highway Greenwich regarding DA for 196 Pacific Highway, Greenwich.

 

John Garsiden 42 Kullah Parade, Lane Cove regarding the DLEP.

 

Resumption of Standing Orders

230

RESOLVED on the motion of Councillors Teirney and Smith that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

ADJOURNMENT

 

The Mayor adjourned the Council meeting at 8:24pm.

 

The Mayor opened the Planning & Building and the Services & Resources Committees at 8:25pm and adjourned them.

 

RESUMPTION

 

The Council meeting resumed at 8:26pm.

 

Procedural Motion

231

RESOLVED on the motion of Councillors D'Amico and Gaffney that Environmental Services Division Report No. 42 – DLEP 2008 Exhibition and Environmental Services Division Report No. 38 – 11 Cogan Place Lane Cove be brought forward and dealt with at this time.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 42

SUBJECT: DLEP 2008 Exhibition

232

RESOLVED on the motion of Councillors D'Amico and Gaffney that:-

 

  1. Council note the report.

 

  1. Council note the Section 65 Certificate required a number of changes to the DLEP 2007 which are not supported by Council and do not reflect the community’s concerns.

 

  1. The General Manager, noting comments made in relation to Gordon Crescent and the nearby Department of Housing, seek further meetings with the Departments of Planning and Housing to return Gordon Crescent as a lower density zone and a more appropriate FSR for the Department of Housing and precinct.

 

 

The Mayor declared the motion carried unanimously.

 

Referred Reports

 

Environmental Services Division Report No. 38

SUBJECT: 11 Cogan Place Lane Cove

 

MOTION

 

A motion was moved by Councillors Longbottom and D'Amico that:-

 

  1. The structure be allowed to stay for a period of time to be determined by the General Manager;

 

  1. A waiver be implemented to protect Council from any items which may be raised against Council; and

 

  1. If the property is to be sold then the structure is to be removed.

 

 

 

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Tudge and Smith that Council proceed with the Order issued under Section 121 of the Environmental Planning and Assessment Act, and require the removal of all structures from the Reserve within 28 days of the date of this resolution.

 

Councillor Tudge requested the Mayor to withdraw and apologise for remarks made.

The Mayor withdrew the remarks but indicated he would not apologise.

 

 Motion of dissent

 

A Motion of Dissent was moved by Councillors Tudge and Smith in the ruling by the Mayor that he did not need to apologise.

 

233

The Dissent Motion was put to the meeting and declared carried.

 

For the Motion were Councillors Freedman, Lawson, Smith, Teirney and Tudge (Total 5).

Against the Motion were Councillors D'Amico, Gaffney and Longbottom (Total 3).

 

 

The Motion in the names of Councillors D’Amico and Longbottom was put to the Meeting and was declared lost.

 

For the Motion were Councillors D'Amico, Gaffney and Longbottom (Total 3).

Against the Motion were Councillors Freedman, Lawson, Smith, Teirney and Tudge (Total 5).

 

       The Foreshadowed Motion became the motion and was declared carried.

 

The Foreshadowed Motion became the motion, was put to the meeting and declared carried.

 

234

For the Motion were Councillors Freedman, Lawson, Smith, Teirney and Tudge (Total 5).

Against the Motion were Councillors D'Amico, Gaffney and Longbottom (Total 3).

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING – 16 June 2008

235

RESOLVED on the motion of  CouncillorsTeirney and Lawson  that the minutes of the Ordinary Council meeting held on the 16 June  2008 be received.

 

The Mayor declared the motion carried unanimously.

 

236

RESOLVED on the motion of  Councillors Teirney and Lawson  that the minutes of the Ordinary Council meeting held on the 16 June 2008 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 16

SUBJECT: Council and Committee Meeting Schedule - August 2008

237

RESOLVED on the motion of Councillors Gaffney and Smith that the Council and Committee Meeting Schedule for August 2008 be adopted.  

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 41

SUBJECT: Policy on Requests for Financial Assistance from NSW Councils or the Local Government and Shires Association (LGSA)

238

RESOLVED on the motion of Councillors Tudge and Smith that Council:-

 

1.   Adopt the Requests for Financial Assistance from NSW Council or Local Government and Shires Association (LGSA) policy dated 5 May 2008 as shown in Attachment AT-1.

 

2.   Include the adopted policy in Council’s Policy Manual.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 44

SUBJECT: Constitutional Recognition of Local Government

Councillor Teirney left the chamber at 8:57pm and rejoined the meeting at 8:59pm.

 

239

RESOLVED on the motion of Councillors Smith and Lawson that Council receive and note this report.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 45

SUBJECT: New Model Code of Conduct

240

RESOLVED on the motion of Councillors Lawson and Teirney Council:-

 

1.      Adopt the new Model Code of Conduct (with specific Lane Cove inclusions) dated 21 July  2008 shown attached as AT 1.

 

2.            Endorse the process to regionally tender for independent persons for Council’s Conduct Review Committee.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 46

SUBJECT: Requests for Financial Assistance -  Australian Paralympic Team and Special Olympics

241

RESOLVED on the motion of Councillors Freedman and Teirney that Council:-

 

1.   Contribute to the Australian Paralympic team in the amount of $500.00  and

 

(a)  Public notice be given in accordance with Section 356 of the Local Government Act 1993.

 

(b)   Subject to no objections being received, the financial assistance be provided.

 

2.                  A further report be provided to Council with more detail on the Special Olympics.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 47

SUBJECT: Political Donations and Local Government Elections

242

RESOLVED on the motion of Councillors Teirney and Smith that Council:-

 

1.   Receive and note this report.

 

2.   Write to the State Electoral Office requesting that a brochure or other appropriate material be produced for Councillors, Candidates and Councils setting out procedures on how to deal with the recent changes to the Electoral Funding Amendment (Political Donations and Expenditure) Bill.

 

3.   Note that a link to the NSW Electoral Commission website from Council’s Website is already in place.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 48

SUBJECT: 2008 Local Government Association Conference

243

RESOLVED on the motion of Councillors Smith and Gaffney that a report be provided to the next meeting of Council to include an update on motions raised at the 2007 Conference and suggestions for motions to the 2008 Conference.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 39

SUBJECT: New Sustainability Logo

244

RESOLVED on the motion of Councillors Smith and Tudge that the matter be deferred to the next meeting of the Sustainability Committee with a request that the Committee make recommendations to Council.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 41

SUBJECT: Report on Conditions 144 and 145 for Woolworths - 24-28 Lane Cove Plaza

245

RESOLVED on the motion of Councillors Smith and Lawson that Council:-

 

1.         Receive and note the report, and seek clarification on the following issues:-

               - Insulation;

               - Glazing;

               - Use of natural light;

               - Air conditioning;

               - Energy efficient lighting; and

               - Water recycling and re-use.

 

2.   Seek ways to further increase energy sustainability opportunities for this important project beyond those already achieved;

 

3.   Review the Energy Management Plan at the Occupation Certificate stage and officers seek to work with Woolworths in the development of the EMP and report to Council accordingly.

 

 

The Mayor declared the motion carried unanimously.

 

ADJOURNED

 

The Council meeting was adjourned at 9:45pm.

 

RESUMED

 

The Council meeting was resumed at 10:43pm.  

 

No members of the public or press were present.

 

Procedural Motion

246

RESOLVED on the motion of Councillors Teirney and Gaffney that Council resume the Closed Committee Meeting.

 

The Mayor declared the motion carried unanimously.

 

Council moved into Closed Committee of the Whole.

 

CONFIDENTIAL ITEMS

 

General Managers Report No. 24

SUBJECT: Redevelopment Options for Friedlander Place including Road Closure

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) (g) 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; AND the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 specifically the report contains details of legal advice from Council's Solicitors and commercial information about the proposed redevelopment of Friedlander Place.

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That Council:-

 

1.                  Adopt the Probity Plan attached to this report plan governing all commercial             dealings.

 

2.         Pursuant to Section 37 2 (b) of the Roads Act, consents to the closure of             Friedlander Place subject to:

a)   rights of way being negotiated to protect the legal rights of adjacent property owners; and

b)   a public right of way 1.5m wide being maintained through the site, noting that the final location of the right of way will be considered as part of future development.

 

3.         Progress the matter as discussed in Closed Committee.

 

 

 

PROCEDURAL MOTION

247

RESOLVED on the motion of Councillors Teirney and Smith that Council move out of Closed Council and into Open Council.

 

The Mayor declared the motion carried unanimously.

 

Open Council was resumed

 

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. 24

SUBJECT: Redevelopment Options for Friedlander Place including Road Closure

248

RESOLVED on the motion of Councillors Tudge and Freedman that Council:-

 

1.         Adopt the Probity Plan attached to this report governing all commercial       dealings.

 

2.         Pursuant to Section 37 2 (b) of the Roads Act, consents to the closure of             Friedlander Place subject to:

a)   rights of way being negotiated to protect the legal rights of adjacent property owners; and

b)   a public right of way 1.5m wide being maintained through the site, noting that the final location of the right of way will be considered as part of future development.

 

3.         Progress the matter as discussed in Closed Committee.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Report No. 12

SUBJECT: Lane Cove Aquatic Leisure Centre

249

RESOLVED on the motion of Councillors Smith and Teirney that Council receive & note report from Cutler Hughes & Harris and their appointed experts and progress as discussed in Closed Committee.

 

The Mayor declared the motion carried unanimously.

 CLOSE

 

The meeting closed at 11:02pm

 

Confirmed at the Ordinary Council Meeting of 4 August 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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

 

MEETING FILE REF:  Document2