Ordinary Council 6 April 2010
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: Acting 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 Office Manager- Corporate Services.

DECLARATIONS OF INTEREST:

Councillor Ian Longbottom declared a pecuniary interest in Environmental Services Report No. 10 as he has a Development Application for subdivision of his property at 26-28 Henley St Lane Cove which he had not finalised. He indicated he will leave the room for the item.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Acting General Manager, Craig Wrightson.

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Councillors Gaffney and Palmer that Standing Orders be suspended so that Jemena can make a presentation to Council 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 Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

George Christodoulou – from Jemena outlined their proposal for a Gas Primary Regulating Station (PRS).

Ron Gornall - 2 Mafeking Ave Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 raising environmental concerns with site prospects for the PRS and suggesting possible alternatives.

Rolf Jester - 59 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 enquiring whether an alternative site on the southern side of Epping Rd has been considered a viable site for the development of the PRS.

Margaret Stuart - 67 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 opposing industrial developments not be constructed within residential, high traffic, or bushland areas and requesting further industrial sites be explored.

Norma Stuart - William Edward St Longueville, speaking with regards to Open Space and Urban Services Report No. 14 opposing development of the PRS on regenerated bushland on Epping Road or in close proximity to residential areas.

Deborah Hill - 89 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 expressing safety concerns for the PRS facility site suggested.

Olejuru Lanfear - 109 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 questioning why the PRS needs to be developed in a residential area.

Bob Cartwright - 101 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 opposing development of the PRS facility and querying design of the facility if development was to go ahead.

Ivana Bisano - representing 107 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 expressing concern for the PRS development in the proximity of Johnston Cres including negative effects of access to the area.

Frances Vissel - representing the Stringybark Creek Residents Association, speaking with regards to Open Space and Urban Services Report No. 14 opposing development of the PRS in the close proximity of residential homes in bushland area.

Julie Jester - 59 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 requesting community concerns be addressed and considered in the development of the proposed PRS.

Crystal Shi - 52 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 opposing development of the PRS in the proposed location and expressing a number of concerns including noise, health, and effects on property value.

Geoff Nolan - 95 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 expressing concern with the alternative site options proposed for PRS development.

Peter Weston - 12 Mary St Longueville, speaking with regards to Open Space and Urban Services Report No. 14 objecting to the use of the proposed open space for development of the proposed PRS.

Barry Thompson - 97 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 and objecting to the development of an industrial site within close proximity to the residential homes surrounding the site.

Karen McPherson - 87 Johnston Cres Lane Cove, speaking with regards to Open Space and Urban Services Report No. 14 opposing the development of the PRS facility.

Doug Stuart - William Edward St Longueville, speaking with regards to General Managers Report No. 5 and Human Services Report No. 10, expressing concern for natural landscape surrounding the Little Lane development and opposing possible music/recording studios in the carpark area. Also requesting that ‘No Standing’ signs be placed in New St Longueville.

Councillor Brooks-Horn exited the Council Chamber at 7:50pm.

Councillor Brooks-Horn returned to the Chamber at 7:52pm.

Bob Cartwright - 101 Johnston Cres Lane Cove, opposing the 2 hour parking limited proposed for the Woolworths Carpark and requesting a 3 hour parking limit be reconsidered.

Resumption of Standing Orders

RESOLVED on the motion of Councillors Longbottom and Gaffney that Standing Orders be resumed.

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

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 MARCH 2010

RESOLVED on the motion of Councillors Smith and Longbottom that it be noted the conflict of interest declared by Councillor Smith in the Council Meeting Minutes of 15 March 2010 in relation to Environmental Services Division Report No. 6 - Parking Requirements in Residential Zones, was a pecuniary interest as her husband received a parking fine for parking in front of their property.

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

Against the Motion was Nil (Total 0).

RESOLVED on the of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 15 March 2010 be received.

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

Against the Motion was Nil (Total 0).

RESOLVED on the motion of Councillors Longbottom and Smith that the minutes of the Ordinary Council meeting held on the 15 March 2010 be confirmed.

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

Against the Motion was Nil (Total 0).

Orders Of The Day

Order Of The Day No. 4
SUBJECT: Report on 57th Annual ALGWA conference 2010 - Women Making a Splash in Local Government
71	RESOLVED on the motion of Councillors Gaffney and Tudge that the report be received and noted.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Procedural motion

RESOLVED on the motion of Councillors Longbottom and Tudge that Council consider as a matter of urgency congratulating Councillor Bennison for assisting Possums Corner Childcare Centre in receiving a refund from the Australian Tax Office.

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

Against the Motion was Nil (Total 0).

The Mayor declared it to be a matter of urgency.

Matter of Urgency

RESOLVED on the motion of Councillors Longbottom and Tudge that Councillor Bennison be thanked for assisting Possums Corner Childcare Centre in receiving a refund from the Australian Tax Office.

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

Against the Motion was Nil (Total 0).

Corporate Services Division Reports

Corporate Services Division Report No. 15
SUBJECT: Bicycle Advisory Committee - Replacement of Community Member
74	RESOLVED on the motion of Councillors Gaffney and Forrest that Council appoint Nash Kent as a community representative for the Bicycle Advisory Committee subject to it being confirmed that the charter of the committee does not require members to be residents.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Corporate Services Division Report No. 16
SUBJECT: Local Government and Shires Association - Legal Assistance Policy and Guidelines
75	RESOLVED on the motion of Councillors Longbottom and Smith that Council make a submission in terms of the discussion in the report and Councillors receive a copy of the submission.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Environmental Services Division Reports

Environmental Services Division Report No. 9
SUBJECT: Shopping Trolley Management
76	RESOLVED on the motion of Councillors Forrest and Longbottom that:- 1. Council receive, note and endorse option proposed in this report. 2. Staff continue to monitor and regulate abandoned trolley’s. 3. Council’s preferred approach is to promote coin lock systems for businesses that have a trolley fleet in excess of 10 trolleys. 4. Council display an abandoned trolley flyer in the Lane Cove Pl aza community notice board including relevant phone numbers, email, and website details.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Councillor Longbottom exited the Council Chamber at 8:06pm and did not vote or take part in the discussion of the following item.

Environmental Services Division Report No. 10
SUBJECT: Minister's Request To Retrospectively Refund Development Contributions
77	RESOLVED on the motion of Councillors Palmer and Tudge that Council endorse the approach in the letter attached at AT 2 and advise the Minister accordingly.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

This item was later recommitted.

Councillor Longbottom returned to the Council Chambers 8:07pm.

Human Services Division Reports

Human Services Division Report No. 9
SUBJECT: Public Libraries NSW Annual Conference - IMPACT 2010
78	RESOLVED on the motion of Councillors Smith and Forrest that Council endorse attendance of Councillor Win Gaffney at the 2010 Public Libraries NSW Conference, IMPACT to be held at Albury 13 to 16 July 2010.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Matter Arising

RESOLVED on the motion of Councillors Longbottom and Bennison that a report be submitted to Council detailing the cost of conference attendance for Councillors from 1 July 2009 to present.

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

Against the Motion was Nil (Total 0).

Human Services Division Report No. 11
SUBJECT: Library Fitout Progress Report - No 6
80	RESOLVED on the motion of Councillors Smith and Longbottom that Council receive and note this report.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

ADJOURNMENT

The Mayor adjourned the Council Meeting at 8:10pm to allow the commencement of the Services and Resources Committee.

The Mayor opened the Services and Resources Committees and adjourned it.

RESUMPTION

The Council Meeting resumed at 8.11pm.

Human Services Division Report No. 10
SUBJECT: Options for Community Space Within the Little Lane Car Park Development
81	RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. Council resolve to progress the planning of the Little Lane Car Park development to include space for Centrehouse Community Arts and Leisure Inc, including a kiln and pottery studio. 2. The General Manager be requested to investigate the potential for music studios/recording studios as part of the redevelopment. 3. An assessment be made of any additional space that becomes available for use as meeting rooms or accommodation for other cultural/community groups.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Councillor Longbottom exited the Council Chamber at 8:16pm and did not vote or take part in the discussion of the following item.

recommitment
Environmental Services Division Report No. 10
SUBJECT: Minister's Request To Retrospectively Refund Development Contributions
82	RESOLVED on the motion of Councillors Palmer and Tudge that Council decline the request to refund development contributions to consents already issued and Council write to the Minister advising of Council’s decision.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Mcilroy, Palmer, Smith and Tudge (Total 8). Against the Motion was Nil (Total 0). Abstained from the Motion was Councillor Longbottom (Total 1).

Councillor Longbottom returned to the Council Chamber at 8:17pm

Suspension of Standing Orders

RESOLVED on the motion of Councillors Gaffney and Palmer that Standing Orders be suspended to allow George Christodoulou to respond to the Council regarding the issues raised about the Gas Primary Regulating Station and members of the public to ask additional questions.

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

Against the Motion was Nil (Total 0).

Resumption of Standing Orders

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

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

Against the Motion was Nil (Total 0).

Deferred Reports

Open Space and Urban Services Division Report No. 14
SUBJECT: Jemena - Primary Regulating Station
85	RESOLVED on the motion of Councillors Longbottom and Bennison that:- 1. Council receive and note the presentation by Jemena Gas Networks Pty Ltd; The General Manager meet with Jemena to progress the Sam Johnston Way Site and submit a further report to Council; and Council indicate it is prepared to allow the removal of the trees on the Sam Johnston Way site to facilitate the development of the PRS.
	For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 9). Against the Motion was Nil (Total 0).

Councillor Mcilroy left the Council Chambers at 9:20pm

General Managers Reports

General Managers Report No. 5
SUBJECT: Little Lane Carpark Redevelopment Design Amendments
86	RESOLVED on the motion of Councillors Longbottom and Bennison that Council, as the land owner, endorse the changes to the current design for Little Lane Carpark for the reasons as outlined in the report to:- (i) terminate the Little Street footpath adjacent to Little Lane Carpark and replace the proposed stair link with landscaping; (ii) widen and extend the podium to access the upper level community area; (iii) widen the outdoor area to the community space at mezzanine level; (iv) landscape the area along the southern boundary to the east of access into the retail area; and (v) modify the carpark to protect the trees within the neighbouring residential units in Little Street.
	For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, and Palmer, and Smith (Total 6). Against the Motion was Councillors Forrest and Tudge (Total 2). Absent was Councillor Mcilroy (Total 1).

CLOSE

The meeting closed at 9:23pm

Confirmed at the Ordinary Council Meeting of 19 April 2010, at which meeting the signature herein is subscribed.

MAYOR

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