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Minutes

Ordinary Council Meeting

18 May 2009, 7:02pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 May 2009

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom (Chair), 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,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services and Chief Executive Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Brooks-Horn declared a Pecuniary Interest in Environmental Services Report 14 – DLEP 2008 – Departmental Requirement, as he is a Director of the Lane Cove Club.   He indicated he would take no part in discussion or voting on the matter.

 

Councillor Longbottom declared a Pecuniary Interest in Environmental Services Report No. 14 –DLEP 2008 – Departmental Requirement,  as he is the Chair of the Lane Cove Club.   He indicated he would take no part in discussion or voting on the matter.

 

Councillor Longbottom declared a Non-Pecuniary Conflict of Interest in the Petition - Greenwich Baths  - Continuation of Existing Management.    The Company Principal of the successful tenderer is a member of the  Rotary Club of Lane Cove of which he also is a member.   He indicated he would discuss and vote on the matter.

 

Councillor Smith declared a Non-Pecuniary Conflict of nterest in the Petition - Greenwich Baths – Continuation of Existing Management.    The Company Principal of the successful tenderer is a member of the  Rotary Club of Lane Cove of which she also is a member.   She indicated she would discuss and vote on the matter.

 

Note: Councillor Bennison declared a Non Pecuniary Interest in Open Space & Urban Services Division Report No.21 – Lane Cove Town Centre – Parking Review later in the meeting.

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor Bennison. (Councillor Bennison arrived later in the meeting at 7.37pm).

130

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

 

 

For the Motion were Councillors Smith, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Geoff Leader.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an Acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

131

RESOLVED on the motion of Councillors Smith 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.

 

 

For the Motion were Councillors Smith, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

 

The following persons addressed Council:-

 

Imogen  Arnold 12 Mitchell St Greenwich regarding the tender for Greenwich Baths and in support of the Fowlers as managers.

 

John Purdy 26 Surpentine Road Greenwich regarding the tender for Greenwich Baths and the use of a point system for selection of a tenderer with respect to safety issues.

 

Merri Southwood 17 Mitchell Street Greenwich and President of Greenwich Community Assoc. regarding the tender for Greenwich Baths expressing disappointment that the Association was not consulted regarding the tender conditions.

 

Ralph Pliner 32 George Street Greenwich regarding the tender for Greenwich Baths expressed disappointment that the Greenwich Community was not consulted regarding the tender criteria.

 

Glenda Cameron-Strange 15 George Street Greenwich regarding the tender for Greenwich Baths and the publicity and support which has been given to the Fowlers as managers.

 

Anthony Pascoe 2 Lawrence Street Greenwich regarding the tender for Greenwich Baths and in support of the Fowlers as managers.   He advocated greater community consultation.

 

Councillor Bennison joined the meeting at 7:37pm.

 

Dr Anthony Kidman 163 Greenwich Road Greenwich regarding the tender for Greenwich Baths suggesting the successful tenderer ‘step back’.

 

John Southwood 17 Mitchell Street Greenwich regarding the tender for Greenwich Baths expressing concern that the management will be out sourced.   He asked Council to reconsider the tender.

 

Tom Lawson 18 Victoria Street Greenwich regarding Agendas and Minutes for Closed Committee of Council advocating that more information be made available to the public.  

 

Resumption of Standing Orders

132

RESOLVED on the motion of Councillors Smith and Gaffney 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).

 

Procedural Motion

133

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

 

  • Petition 3 – Greenwich Baths – Continuation of Existing Management .
  • Open Space & Urban Services Division Report No. 21 – Lane Cove Town Centre – Parking Review.

 

 

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).

 

 

 

Petitions

 

Petition No. 3

SUBJECT: Greenwich Baths - Continuation of Existing Management

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that Council receive the petition and that the head petitioner be advised that Council has received the petiton and made its decision regarding the tender in accordance with the provisions for tendering in the Local Government Act and Regulations.

 

 

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillor Tudge that Council:-

1.   Cease negotiations with the tenderer selected by Council on 4 May, 2009 and refuse all tenders.

 

2.   Extend the operating agreement with Tim and Fran Fowler until 31 July, 2010.

 

3.   Develop in consultation with the community criteria for tender conditions for the management of Greenwich Baths to take effect from 1 August, 2010.

 

The Mayor ruled the Foreshadowed Motion out of order, as Council has obtained legal advice indicating it was not possible to rescind its previous decision as the successful tenderer had been advised of the decision.  The foreshadow motion would in effect require rescission.

 

DISSENT MOTION

 

A motion of dissent in the Mayor’s ruling was moved by Clrs Tudge.

 

The motion lapsed for want of a seconder.

 

 

PROCEDURAL MOTION

 

A Procedural Motion was moved by Councillors Palmer and Mcilroy that Council close so much of the meeting to the public, as provided by the Local Government Act 1993, on the grounds that under s10A (2) (g) of the Local Government Act comprises advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

The Procedural Motion was put to the Meeting and declared lost.

 

For the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

Against the Motion were Councillors Smith, Bennison, Brooks-Horn, Gaffney and Longbottom (Total 5).

 

134

The Motion was put to the Meeting and declared carried.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy and Palmer (Total 8).

Against the Motion was Councillor Tudge (Total 1).

 

 


 

Matter Arising

135

RESOLVED on the motion of Councillors Palmer and Tudge that Council initiate a community consultation which will inform the future tender and/or lease arrangements for the Greenwich Baths in order to ensure its sustainability particularly in an environmental and economic sense.

 

 

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).

 

DECLARATION OF INTEREST:

 

Councillor Bennison declared a Non Pecuniary Interest in Open Space & Urban Services Division Report No.21 – Lane Cove Town Centre – Parking Review as he is a former member of the Lane Cove Chamber of Commerce.   He indicated he intended to discuss and vote on the matter.

 

ADJOURNMENT:

 

The Meeting was adjourned at 8:19pm.

 

The Mayor opened the Planning & Building and the Services & Resources Committees at 8:20pm and adjourned them.

 

RESUMPTION:

 

The Council Meeting was resumed at 8:21pm.

 

Open Space and Urban Services Division Report No. 21

SUBJECT: Lane Cove Town Centre - Parking Review

 

MOTION

 

A motion was moved by Councillors Smith and Brooks-Horn that:-

 

1.         The 90 Minute parking restrictions for the 85 car spaces in the Rosenthal Avenue Car Park be converted to 3 Hour parking on an interim arrangement;

 

2.         The 3P Birdwood Avenue Car Park be converted back to a 10P Meter Parking Area;

 

3.         A further report be provided on the management of the Lane Cove Town Centre Parking, prior to the Lane Cove Market Square Car Park opening;

 

4.         Council notify all Town Centre businesses of the new interim parking arrangements; and

 

5.         The Lane Cove Chamber of Commerce, Lane Cove Commercial Property Owners Association (CPOWA), and Lane Cove Alive also be advised of Council’s decision.

 

Suspension of Standing Orders

136

RESOLVED on the motion of Councillors Longbottom and Smith that Standing Orders be suspended to allow the Deborah Hill, President of Lane Cove Chamber of Commerce to address 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).

 

Deborah Hill addressed Council expressing the views of the Lane Cove Chamber of Commerce on the current parking restrictions in the Lane Cove Business District.

 

Resumption of Standing Orders

137

RESOLVED on the motion of Councillors Smith and Gaffney 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).

 

138

The Motion was put to the Meeting and declared carried.

 

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 ORDINARY COUNCIL MEETING - 4 MAY 2009

139

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 4 May 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).

 

140

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 4 May 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).

 

Matter Arising

141

RESOLVED on the motion of Councillors Palmer and Tudge that Council Minutes need to record ‘Closed Committee of Council’ not Closed 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).

 

Orders Of The Day

 

Order Of The Day No. 8

SUBJECT: Citizenship Ceremony 10 June 2009

142

RESOLVED on the motion of Councillors Longbottom and Tudge that Councillor Forrest, with Councillor Palmer as an Alternate, attend the Citizenship Ceremony on 9 June 2009 and speak to the new citizens about local government.

 

 

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).

 

 

Order Of The Day No. 9

SUBJECT: Council and Committee Meeting Schedule - June 2009

143

RESOLVED on the motion of Councillors Smith and Gaffney that the Council and Committee Meeting Schedule for June 2009 be adopted.  

 

 

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 Tudge gave an apology for the Council Meeting of 15 June 2009.

 

Councillor Gaffney gave an apology for the Inspection Committee, if it is to be held on 6 June 2009.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 28

SUBJECT: 3rd Quarter Review of the 2008 - 2009 Budget

144

RESOLVED on the motion of Councillors Smith and Brooks-Horn that the 2008 - 2009 Budget be varied in terms of this report.

 

 

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. 29

SUBJECT: 3rd Quarter Review of the 2008 - 2011 Management Plan

145

RESOLVED on the motion of Councillors Smith and Forrest that Third Quarter Review of the 2008-2011 Management Plan 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).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 14

SUBJECT: Local Government Filming Protocol  - Revised Protocol

146

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

 

1.   Receive and note the report and the Local Government Filming Protocol attached as AT-1;

 

2.   A further report be submitted on a new Filming Policy which reflects the revised Local Government Protocol and includes protection for any restricted areas identified in Council’s Plans of Management for Parks and Reserves; and

 

  1. Review the fees and bonds charges associated with the recovery costs for associated filming activities and include these fees and charges as part of the 2009-2010 Budget.

 

 

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).

Open Space and Urban Services Division Report No. 15

SUBJECT:  Lane Cove Town Centre - Proposed 40 km Hour Speed Limit

147

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

 

1.         The Report regarding the introduction of a 40 km/hour speed limit in the Lane Cove Town Centre be received and noted; and

 

2.         A further report be referred to Council with the detailed proposal for traffic calming measures following the Stage 3 Road Safety Audit.

 

 

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).

 

Open Space and Urban Services Division Report No. 23

SUBJECT: Draft Plan of Management for Blackman Park

148

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

 

1.      Council adopt the Draft Plan of Management for Blackman Park dated April 2009 for the purposes of public exhibition.

 

2.      The Draft Plan of Management for Blackman Park be placed on public exhibition for 60 days and community consultation take place in accordance with the Consultation Strategy outlined in the report.

 

3.      A further report be submitted to Council following the exhibition period to consider the final Plan of Management for Blackman Park for adoption.

 

4.      The Plan of Management be sent to the chair of the Lane Cove Sports Committee and the Access Committee for consideration.

 

5.      The matter be referred to the Inspection Committee scheduled for 4 July 2009.

 

 

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. 137

SUBJECT: 24-28 Lane Cove Plaza - Section 96

149

RESOLVED on the motion of Councillors Tudge and Palmer that the application made under Section 96(2) of the Environmental Planning and Assessment Act 1979, lodged with Council on 23 January 2009, to amend Development Application 246/04 for the Lane Cove Market Square redevelopment be approved as follows:

 

A.      That condition 3 be amended in the following manner:

 

  1. Deletion of reference to Plan No. A450 dated 17.8.2007 Revision F and A451 dated 27.7.2007 Revision F and insertion of the following plan numbers.

 

Drawing No

Title

Date

Issue

A450

External Elevations

7.5.2009

H

A451

Elevation

7.5.2009

H

 

FOR DEVELOPMENT APPLICATION 272/07A

 

That the application made under Section 96(2) of the Environmental Planning and Assessment Act 1979, lodged with Council on 23 January 2009, to amend Development Application 272/07 for  alterations and additions to an approved building to provide a gymnasium be approved as follows:

 

A.      Condition 1 is amended and is now to read:

 

1.       The proposal is to be completed strictly in accordance with the following drawings and supporting information received with the application, except as otherwise amended by this Notice:

 

          Architectural Plans prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GA 108

Library/Plaza level

22.8.2007

B

GA 109

Gym level 1

24.8.2007

B

GA 110

Gym level 2

10.12.2007

C

GA 111

Roof plan

24.8.2007

A

GA 302

Section No.2

10.12.2007

C

GA 401

Plaza Montage

September 2007

-

GA 451

Elevations

24.8.2007

A

GA 010

Site Plan

27.8.07

A

 

The approved plans are modified by the amendments shown in the following drawings prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GSK-01

Link Road/western elevation

-

-

A460

External elevations

5 May 2009

B

 

The approved plans are further modified by the amendments described on the following

plans, prepared by BN Architectural Group, and lodged with Council on 8 May 2009:

 

Drawing No

Title

Date

Issue

S96-A410

S96 Plaza Facade – Upper Level

7.5.2009

D

A460

External Elevations

5.5.2009

B

 

 

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 Report No. 14

SUBJECT: DLEP 2008 - Departmental requirement

150

RESOLVED on the motion of Councillors Longbottom and Smith that the Items be dealt with ad seriatim.

 

 

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).

 

151

RESOLVED on the motion of Councillors Smith and Brooks-Horn that having regard to the Department of Planning’s advice in relation to process, Council adopt the maps attached to this Report at AT 1  Part 1 – Floor Space – St Leonards and Height of Buildings – St Leonards Part 1, 2,3 & 4 for submission to the Department of Planning under section 68(9) of the Environmental Planning and Assessment Act 1979, which provide for the following changes to the DLEP:-

 

 

Floor Space Ratio

New 

 

St Leonards

 

1

Block bounded by Pacific Hwy, Christie St, Nicholson St & Friedlander Place

12:1

2

Block bounded by Pacific Highway, Christie St, Lithgow St  & 82 Christie St northern boundary

10:1

 

Height

New

 

St Leonards

 

1

Block bounded by Pacific Hwy, Christie St, Nicholson St

72m

2

Pacific Highway to 82 Christie St

65m

3

Marshall Avenue to Pacific Hwy

9.5-18-45m

4

Friedlander Place & adjacent site to the east (486 Pacific Hwy)

72m

5

296-332 Burns Bay Rd

25m

                                                                                                                       

 

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).

 

Councillors Longbottom and Brooks-Horn vacated the chamber and took no part in discussion or voting on the matter.

 

The Deputy Mayor took the Chair.

 

152

RESOLVED on the motion of Councillors Smith and Bennison that having regard to the Department of Planning’s advice in relation to process, Council adopt the maps attached to this Report at AT 1  Part 3 – Floor Space Ratio 1-5 Birdwood Avenue,  for submission to the Department of Planning under section 68(9) of the Environmental Planning and Assessment Act 1979, which provide for the following change to the DLEP:-

 

 

Floor Space Ratio

New 

3

1-5 Birdwood Av, Lane Cove Village

3:1

 

 

For the Motion were Councillors Smith, Bennison, Gaffney and Mcilroy (Total 4).

Against the Motion were Councillors Forrest, Palmer and Tudge (Total 3).

Absent: Councillors Brooks-Horn and Longbottom (Total 2).

 

Councillors Longbottom and Brooks-Horn rejoined the meeting.

 

The Mayor took the Chair.

CLOSE

 

The meeting closed at 8:51pm.

 

Confirmed at the Ordinary Council Meeting of 1 June 2009, at which meeting the signature herein is subscribed.

 

MAYOR

 

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