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Minutes

Ordinary Council Meeting

7.00pm, 19 October 2009

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 19 October 2009

 

Minutes

 

 

 

PRESENT: Councillor W. Gaffney (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, 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, Manager – Strategic Planning and Strategic Town Planner.

 

DECLARATIONS OF INTEREST:    Nil

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Jane Fry, Chatswood South Uniting Church.

 

SUSPENSION OF STANDING ORDERS

314

RESOLVED on the motion of Councillors Bennison and Palmer 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.

 

Judith Mitchell, Riverview in support of the National Trust listing of the Lloyd Rees Bandstand and on the success of Rotary Village Fair.

 

Kay Freedman, Longueville in relation to the finalisation of the Market Square Development, in particular the lease of the premises to Woolworths.

 

Doug Stuart, Longueville in relation to ESD 43, requesting opportunity for consideration of the submissions lodged in relation to the Draft DCP and hardcopy submissions be exhibited for 2 weeks.

 

Mathew Fisher, Australian Dental Association, NSW Branch in relation to the impact of the Draft DCP on their properties in Nicholson Street and Lithgow Street, St Leonards.

 

Francis Vissel, Stringybark Creek Residents Association, in relation to the impact of the Draft DCP on Stringybark Creek, the lack of information of what is proposed and requesting Council to seek a deferral of the rezoning of the area by the Department of Planning.

 

Steven Drew, Pharmaceuticals Society NSW Branch in relation to the impact of the Draft DCP on their properties in St Leonards.

 

Susan O’Neil in support of the National Trust listing of the Lloyd Rees Bandstand and the prominence of Harry Howard to the local area.

 

Jack Winning, Lane Cove in relation to ESD 43 and concern about the suitability of the generic Residential Flat controls in the Stringybark Creek area.

 

Resumption of Standing OrderS

315

RESOLVED on the motion of Councillors Palmer and Forrest that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 6 OCTOBER 2009

316

RESOLVED on the  of Councillors Tudge and Palmer that that the minutes of the Ordinary Council meeting held on the 6 October 2009 be received.

 

The Mayor declared the motion carried unanimously.

 

317

RESOLVED on the motion of Councillors Tudge and Palmer that the minutes of the Ordinary Council meeting held on the 6 October 2009 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 - November 2009

318

RESOLVED on the motion of Councillors Longbottom and Palmer that the Council and Committee Meeting Schedule for November 2009 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

Notices of Motion

 

Notice of Motion No. 10

SUBJECT: Lloyd Rees Bandstand

 

MOTION

 

A Motion was moved by Councillors Longbottom and Smith that having regard to the fact that neither the Mayor nor Councillors have executive authority as individuals, consideration of the matter be deferred and the General Manager report on whether the Notice of Motion should be before Council and to consider whether Councillor Forrest has acted outside her authority.

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Forrest and Tudge that Council:-

 

 1.        receive and note the National Trust of Australia (NSW) Classification Report, correspondence and listing card, that classifies and includes The Lloyd Rees Bandstand and the Lane Cove Plaza - Lane Cove on the Register of the National Trust of Australia (‘The Report’).

 

 2.        note the importance of the roles played by artist Lloyd Rees and landscape architect Harry Howard in the significance and classification of these items.

 

3.         include ‘The Report’ as a background document attached with the consultants report as part of the Lane Cove Heritage Review Report 2009 (LCHR) and all current Plans and documents where the Lane Cove Plaza is associated.

 

4          (i)     send a hard copy of ‘The Report’ to all Lane Cove Art societies and all relevant organizations such as Heritage, Historical and Conservation societies, Local Studies Library and Lane Cove Library, local Music/Band organisations that use the Bandstand, Lane Cove Alive, The Chamber of Commerce, Precinct, RASAD etc.

 

 

            (ii)     send a copy of ‘The Report’ to Lloyd Rees' son and Harry Howard’s children (where possible), members of the current Bandstand Working Party, consultants engaged in the LCHR and appropriate former members of Council staff associated with the initial Plaza and Bandstand construction including Bruce Stuckey and Jack Hartman. 

 

            (iii)    consider a public celebration of the Classification with the wider community and associations and individuals listed in (i) and (ii).

 

            (iv)    consider the inclusion of an item about the Classification in Council’s Newsletter.

 

SECOND FORESHADOWED MOTION

 

A Second Foreshadowed Motion was moved by Councillors Councillor Bennison and Smith that:-

 

1.         Council, refuse to adopt the report from the National Trust due to incorrect facts and concerns surrounding the independence and the authorisation of the report.

 

2.         The General Manager be instructed to review both letters and Classification Report to determine if there has been any breaches in relation to Code of Conduct.

 

3.         The Working party established by Council Resolution on 3rd  August 2009 be scrapped due to the time period to report back to council has lapsed.

 

4.         Council,  proceed to implement recommendation from Richard Goodwin in relation to the Lloyd Rees Bandstand and improve access around the bandstand and through to the Lane Cove Market Square  development by:-

a)   repositioning the cafe tables and chairs to the west of the bandstand;

b)   relocating any public bench, planter boxes, railings, etc as necessary; and

c)   removing the storage area/planter box to the south of the bandstand.

 

 

Upon being put to the Meeting, the Motion was declared carried.

 

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

Against the Motion was Councillor Palmer (Total 1).

 

The Foreshadowed Motions lapsed.

 

General Managers Reports

 

General Managers Report No. 26

SUBJECT: Amendment to Committee Representation for NSROC

 

MOTION

 

A Motion was moved by Councillors Tudge and Smith that:-

 

1.   Council rescind the resolution of the Meeting of 21 September 2009, Minute No. 311 in relation to Committee Representation for the next 12 months.

 

2.   the Councillor representation for NSROC for the next 12 months be amended to:- The Mayor Councillor Gaffney and Councillor Palmer with Councillor Longbottom and Councillor Forrest as alternates.

 

AMENDMENT

 

An Amendment was moved by Councillors Palmer and Tudge that:-

 

1.         Council rescind the resolution of the Meeting of 21 September 2009, Minute No. 311 in relation to Committee Representation for the next 12 months.

 

2.         Council adopt the Committee Representation for the next 12 months, as resolved at the Meeting of 21 September 2009, Minute No. 311, with the exception of the representation for NSROC.

 

3.         The Councillor representation for NSROC for the next 12 months be, The Mayor Councillor Gaffney and Councillor Palmer with Councillor Longbottom and Councillor Forrest as alternates.

 

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

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 43

SUBJECT: Draft Comprehensive Development Control Plan - Finalisation

 

MOTION

 

A Motion was moved by Longbottom and Smith that:-

 

1.         Council adopt as final the Comprehensive Development Control Plan, in accordance with Section 74C of the Environmental Planning and Assessment Act and clause 21of the Regulation 2000 subject to the following amendment:-

                                 i.            Clause 4.4(a) - The ground floor and the upper levels of the buildings are to be setback as follows: a) 7.8 metres to Little Street built to the setback line.

 

2.         A newspaper advertisement be placed advising of the DCP’s finalisation.

 

3.         A copy of the finalised DCP be sent to the Department of Planning.

 

4.         Written notification be circulated to all relevant community associations, and to members of the public who have made submissions on the Draft LEP or Draft DCP, after the two documents have come into effect.

 

5.         The LEP and DCP be made available on the website and a hard copy for the public.

 

6.         A 12 month review of the DCP take place and a report be submitted back to Council at the appropriate time.

 

FORESHADOWED MOTION

 

A Foreshadowed Motion was moved by Councillors Tudge and Forrest that consideration of the matter be referred to the next meeting of Council.

 

 

 

 

319

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

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Gaffney, Longbottom and Palmer (Total 6).

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

 

ADJOURNMENT:

 

The meeting was adjourned at 8:14pm.

 

The Mayor opened the Services and Resources Committee at 8:14pm and adjourned it for 5 minutes.

 

RESUMPTION:

 

The Council meeting resumed at 8:16pm.

 

Human Services Division Reports

 

Human Services Division Report No. 16

SUBJECT: Public Libraries NSW Metropolitan Association (PLM) General Meeting and Election of Officebearers

320

RESOLVED on the motion of Councillors Palmer and Tudge that Council nominate Councillor Gaffney to stand for the position of President or Vice-President of Public Libraries NSW Metropolitan Association.

 

 

Upon being put to the Meeting, the motion was 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).

 

Human Services Division Report No. 17

SUBJECT: Meeting the Needs of the Community: Lane Cove Social Plan Update 2009 to 2014

321

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

 

1.         Receive and note the Report.

 

2.         Exhibit the draft “Meeting the Needs of Our Community Lane Cove Social Plan 2009-2014” for comment and community input for an extended period until 1 February 2010 and community consultation take place in accordance with the consultation strategy outlined in the report.

 

3.         Exhibit the six draft target group chapters which include:-

·           Children and Families Social Plan 2009 to 2014

·           Young People’s Social Plan 2009 to 2014

·           Disability Social Plan 2009 to 2014

·           Senior’s Social Plan 2009 to 2014

·           Women and Men’s Social Plan 2009 to 2014

·           Cultural and Linguistic Diversity Social Plan 2009 to 2014

 

4.         Receive a further Report on the draft “Meeting the Needs of our Community: Lane Cove Social Plan 2009-2014” and the six target group chapters after the exhibition period has been completed to consider the results of the community consultation.

 

5.         Thank the Lane Cove Social Development Group and Lane Cove Council staff for their valuable input into updating the Social Plan.

 

 

The Mayor declared the motion carried unanimously.

 

 

CLOSE

 

The meeting closed at 8.17pm.

 

Confirmed at the Ordinary Council Meeting of 2 November, 2009, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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