Ordinary Council 20 April 2009
Minutes

PRESENT: Councillor I. Longbottom (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S.Forrest, Councillor W. Gaffney, Councillor K. McIlroy, Councillor P.Palmer, Councillor A. Smith 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, Director Major Projects and Chief Executive Secretary.

DECLARATIONS OF INTEREST:

Nil.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Father Martin Maunsell, St Michaels Catholic Church.

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an Acknowledgement of Country.

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Councillors Tudge 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.

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

The following persons addressed Council:-

Corinne Fagueret Austin Crescent Lane Cove, regarding options for the façade to the Plaza being displayed by a private person and not Council and critical of Council’s methods of community consultation.

Ken Ebeling 24 River Road West Lane Cove requesting a response to his requests made in 2005.

Ros Noone Campbell Avenue, Lane Cove regarding decisions for the Woolworths façade and petitions which have been recently produced.

Alan Ecob Longueville Road Lane Cove supporting the new proposal for the Woolworths façade.

Alice Beauchamp Little Street Lane Cove regarding the new proposal for Woolworths façade and Council’s previous decision to give approval.

Doug Stuart convenor RASAD regarding the petition for for the Woolworths façade giving only 2 options. He also discussed the original façade approval.

Mark Gould Vice President Lane Cove Chamber of Commerce regarding the options for Woolworths façade and the petition which favoured the new proposal.

Mathew Fisher Austin Crescent Lane Cove, architect, in support of the new option for the Woolworths façade.

Lyn Mcloughlan Bridge Street Lane Cove, regarding the limited options for the Woolworths façade requesting a provision of additional options for a façade and requesting increased community consultation.

Sally Penfold Cogan Place Lane Cove in support of the new option for the Woolworths façade.

June Hefferen Parklands Avenue Lane Cove North regarding the Woolworths façade and the assessor’s report with respect to LEP and the DCP and associated legalities.

Bruce Wymond Cogan Place Lane Cove Professional Engineer with large international company having experience in design of facades. He discussed the environmental objectives for facades generally and stated that Option 2 would be preferable for the environment.

Cathy Cook Northwood Road, Lane Cove requesting that she be updated about the sub station in Lane Cove Public School.

John Dressler, Riverview in support of Option 2 for the Woolworths façade.

Bruce Crowe member of Lane Cove ALIVE Leadership Group regarding the options of the Woolworths façade urging Council to look to the future and select the more modern façade.

Susan O’Neil member of Lane Cove ALIVE Leadership Group pointing out that approval had already be given for a Woolworths façade and urging Councillors to support the interests of members of the community. She was critical of the new design in its present form.

Rick D’Amico Third Avenue, Osborne Park urging Council to support a modern glass façade for the Woolworths proposal.

Jim Berry Chairman Lane Cove ALIVE Leadership Group in support of the new proposal for the Woolworths façade.

Judy Mitchell Coonah Pde Riverview supporting the new proposal for the Woolworths façade.

Stuart Smith Waverton who shops in Lane Cove. Reminding Council that they need to support the residents of Lane Cove.

Frances Vissel Fraser Street Lane Cove regarding the independent assessor’s report for the Woolworths northern façade.

John Bykerk representing the Commercial Property Owners Lane Cove urging Council to support Option 2 for the Woolworths façade.

Philip Baxter William Edward Street Longueville pointing out that the glass panel in the Option 2 for the Woolworths façade would be the front of a gymnasium.

Warren Kirkby Seville Street, Lane Cove claiming to represent the ‘silent majority’ and in support of Option 2 for the Woolworths façade.

Michael Cornelius Bayview Street Northwood regarding traffic issues for intersection of River and Northwoods Roads.

Richard Armitage Development Manager Woolworths stated that the façade design was of importance to the residents of Lane Cove and of no benefit to Woolworths. He informed Council that if the Development Approval for the new façade was rescinded Woolworths would then proceed with the original design which had Development Approval.

Resumption of Standing Orders

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Standing Orders be resumed.

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

ADJOURNMENT

The Council meeting was adjourned at 8:28pm.

The Mayor opened the Services and Resources Committee Meeting at 8:29pm and adjourned it.

RESUMPTION

The Council meeting resumed at 8:30pm.

Procedural Motion

RESOLVED on the motion of Councillors Longbottom and Smith that Confirmation of Minutes be deferred to later in the meeting and that if the Recission Motion is carried Notice of Motion No.3 be brought forward.

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

Notices of Rescission

Notice of Rescission No. 1
SUBJECT: 24-28 Lane Cove Plaza
	MOTION A motion was moved by Councillors Palmer and Tudge that the resolution in relation to Environmental Services Division Report No.97 of 6 April 2009 to approve the applications made under section 96 of the Environmental Planning and Assessment Act 1979 to amend Development Application DA 246/04 and DA272/07 be rescinded.
	Procedural Motion
82	resolved on the motion of Councillors Longbottom and Smith that Councillor Tudge be granted an extension of two minutes to speak on the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
83	RESOLVED on the motion Councillors Longbottom and Smith that Councillor Forrest be granted an extension of two minutes to speak on the Recission Motion
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
84	RESOLVED on the motion Councillors Smith and Brooks-Horn that Councillor Longbottom be granted an extension of two minutes to speak against the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
85	RESOLVED on the motion of Councillors Smith and Brooks-Horn that Councillor Longbottom be granted an extension of 1 minute to speak against the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
86	RESOLVED on the motion of Councillors Palmer and Smith that Councillor Longbottom be granted an extension of 1 minute to speak against the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
87	RESOLVED on the motion of Councillors Longbottom and Palmer that Councillor Mcilroy be granted an extension of 2 minutes to speak on the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
	Procedural Motion
88	RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Palmer be granted an extension of 2 minutes to speak on the Recission Motion.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
89	The Recision Motion was put to the Meeting and declared carried. For the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5). Against the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

Notice of Motion No. 3
SUBJECT: Development Applications 246/04 and 272/07 24, Lane Cove Plaza
	MOTION A Motion was moved by Councillors Palmer and Tudge that Council defer and allow the applicant to submit amended plans which address the following concerns, any amended plans to then form the basis of further assessment, including assessment by an access consultant if required:- a) The Lane Cove Market Square sign is not positioned to clearly and unambiguously identify the location and the entry to the pedestrian walkway which connects the Plaza with Longueville Road. This walkway is a key link through the Lane Cove CBD. b) The signage generally along the Plaza elevation is oversized and would be visually dominant within the essentially confined pedestrian spaces of the Plaza and adjacent public spaces. c) The external materials of construction for the northern façade of the building, and the use of metal cladding on the upper levels of the gymnasium, are incongruous with the setting context of the locality. d) The proposed northern elevation of the Lane Cove Market Square complex for which consent is now sought, would provide an unsatisfactory heritage outcome. e) The façade is still emphasizing horizontal continuity, rather than the verticality (horizontal segmentation) characteristic to the historic context. f) There is a weak relationship between the elevation above and below the awning. There should be a stronger link between pillars and vertical elements above and below. g) The façade design be further improved based on the following principles: · break down the façade, possibly into three sections and provide further vertical articulation to correspond with the fine grain rhythm of the historic context (illustrated below); · the selection of materials to make reference to the historic context, for instance by the use of brick; · improve the legibility of the entry to the passage leading to the Library; for instance through provision of a clear or translucent panel in the awning adjacent to the building to improve day lighting in the entry zone; · horizontal elements in the proposal should look for opportunities to key into existing horizontal elements in the neighbouring building, this may include massing, parapet elements, panelling or fenestration. h) The metal cladding to the Link Road Façade is incongruous within the built form presentation of the Lane Cove CBD. The south west corner of the gym is likely to be very prominent given topography, and the metal cladding will likely be highly reflective. An alternative material is therefore required. i) Previous heritage assessments of the Austin Street Façade were accepting of the upper levels of the Austin Street façade (rear of gymnasium) as the architectural expression of the building was considered neutral. This will be lost through the introduction of the metal cladding, as outlined above with regards to the Link Road elevation. An alternative material is therefore required. j) The lift signage (Drawing s08) should indicate Plaza/Shops and Library rather than simply “Ground” level. k) The library logo include more reference to the original possum logo, rather than just the leaves of the original logo. l) The Library Walk gate (Drawing s24) include further measures to improve security by ensuring the steel panels minimize the ability to climb over the gate. m) That signage be included which directs cyclists and scooter users to allotted parking areas.
	Suspension of Standing Orders
90	RESOLVED on the motion of Councillors Longbottom and Smith that Standing Orders be suspendered to allow Council to ask Mr Richard Armitage of Woolworths to answer some questions.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
The Mayor asked Mr Armitage if Woolworths would consider submitting an amended plan to comply with the Motion. Mr Armitage informed Council that Woolworths would not submit an amended application but would proceed with its previous approval for the façade.
	Resumption of Standing Orders
91	RESOLVED on the motion of Councillors Longbottom and Smith that Standing Orders be resumed.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
92	The Motion in the name of Councillors Palmer and Tudge was put to the meeting and declared carried. For the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5). Against the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 6 APRIL 2009
93	RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 6 April 2009 be received.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
94	RESOLVED on the motion of Councillors Tudge and Smith that the minutes of the Ordinary Council meeting held on the 6 April 2009 be confirmed.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

Councillor Mcilroy vacated the chamber at 9:42pm.

Orders Of The Day

Order Of The Day No. 6
SUBJECT: Council and Committee Meeting Schedule - May 2009
95	RESOLVED on the motion of Councillors Smith and Forrest that the Council and Committee Meeting Schedule for May 2009 be adopted.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8). Against the Motion was Nil (Total 0). Absent: Councillor Mcilroy

ORDER OF THE DAY

The Mayor reminded Councillors that the ANZAC Day Service will be held in the Plaza at 7:30am on Saturday 25^th April 2009.

Notices of Motion

Notice of Motion No. 4
SUBJECT: Road Safety at Northwood/River Rd Intersection
96	RESOLVED on the motion of Councillors Palmer and Tudge that:- 1. Council note the road safety concerns expressed by residents regarding the Northwood Rd/River Rd intersection; 2. An expert report come back to Council with proposals to improve safety for cars, pedestrians and cyclists through a re-design of the intersection; 3. A further report come back to Council detailing how and when the road safety improvements will be funded; and 4. An interim progress report come back to Council within the next three months.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8). Absent: Councillor Mcilroy.

Corporate Services Division Reports

Corporate Services Division Report No. 19
SUBJECT: Proposed Change in Allocation of Financial Assistance Grants From the Federal Government
97	RESOLVED on the motion of Councillors Smith and Tudge that Council send letters to the NSW Premier, the Local Government & Shires Associations and the NSW Local Government Grants Commission supporting Sutherland Shire Council’s proposal to change the methodology on which Federal Financial Assistance Grants are allocated based on NSW receiving 50% of the national pool of funds.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8). Absent: Councillor Mcilroy

Councillor Mcilroy rejoined the meeting at 9:45pm.

Open Space and Urban Services Division Reports

Open Space and Urban Services Division Report No. 17
SUBJECT: Operational Review of the Village Xpress Shuttle Service
98	RESOLVED on the motion of Councillors Longbottom and Tudge that :- 1. Council withdraw the Village Xpress Bus Service Route B from 1 July 2009 and a report be prepared to provide options for alternative community based services to meet the needs of the existing resident users for Route A. This could include the use of State Transit bus services for Business Park employees and other transport options for residents and other users. Council establish a Working Party, consisting of Lane Cove West Business Park and Lane Cove Chamber of Commerce representatives, Council officers and State Transit Authority officers, to investigate the implementation of a public bus service between Lane West Business Park and the Lane Cove Town Centre. The Route A option continue until an alternate service is provided. The Operational Review Report be provided to the Access Committee along with this resolution. The residents who use Route B be contacted and alternative methods of transport to Lane Cove be explored.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

Environmental Services Division Reports

Environmental Services Division Report No. 8
SUBJECT: Delegated Authority Report - March 2009
99	RESOLVED on the motion of Councillors Smith and Forrest that the report be received and noted.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

Procedural Motion

100

RESOLVED on the motion of Councillors Tudge and Gaffney that Items from the Services & Resources Committee meeting be brought forward and considered in the Council meeting.

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF Services and Resources Committee Meeting - 6 APRIL 2009
101	RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Services and Resources Committee Meeting held on the 6 April 2009 be received.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).
102	RESOLVED on the motion of Councillors Tudge and Gaffney that the minutes of the Services and Resources Committee Meeting held on the 6 April 2009 be confirmed.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Reports

Corporate Services Division Report No. 16
SUBJECT: Statement of Investments as at 31 March 2009
103	RESOLVED on the motion of Councillors Gaffney and Mcilroy that the report “Statement of Investments as at 31 March 2009” be received and noted
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 17
SUBJECT: Legal Expenses For March 2009
104	RESOLVED on the motion of Councillors Mcilroy and Gaffney that the Legal Expenses for March 2009 be received and noted.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

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

Human Services Division Report No. 6

SUBJECT: Financial Assistance to Community Groups 2009 to 2010

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 Financial assistance is used by some organisations for the employment of staff and therefore disclosure of the funding arrangements is not in the public interest.

No members of the public made representations.

PROCEDURAL MOTION

105

RESOLVED on the motion of Councillors Tudge 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.

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9).

Against the Motion was Nil (Total 0).

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

Closed Committee of the Whole commenced.

Confidential Items

Human Services Division Report No. 6
SUBJECT: Financial Assistance to Community Groups 2009 to 2010
	RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE That Council:- 1. Approve Financial Assistance Grants to Community Groups for 2009/2010 . 2. Give Public Notice of the proposed Financial Assistance to Community Groups for 2009/2010, and subject to no objections being received, grant funds as outlined in this report subject to the following changes: a) The Lorna Hodgkinson Sunshine Home $1,000.00 b) Cromehurst Special School P&C $ 500.00. 3. Host the Community Grants Presentation Ceremony on 5 August 2009 as part of the Financial Assistance Grants process.

PROCEDURAL MOTION
106	RESOLVED on the motion of Councillors Smith and Tudge that Council move out of Closed Council and into open Council.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

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:

Human Services Division Report No. 6
SUBJECT: Financial Assistance to Community Groups 2009 to 2010
107	RESOLVED on the motion of Councillors Tudge and Mcilroy that Council:- 1. Approve Financial Assistance Grants to Community Groups for 2009/2010 . 2. Give Public Notice of the proposed Financial Assistance to Community Groups for 2009/2010, and subject to no objections being received, grant funds as outlined in this report subject to the following changes: a) The Lorna Hodgkinson Sunshine Home $1,000.00 b) Cromehurst Special School P&C $ 500.00. 3. Host the Community Grants Presentation Ceremony on 5 August 2009 as part of the Financial Assistance Grants process.
	For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 9). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 10:57pm.

Confirmed at the Ordinary Council Meeting of 4 May 2009, at which meeting the signature herein is subscribed.

MAYOR

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MEETING FILE REF: Document2