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Minutes

Ordinary Council Meeting

4 October 2011, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 4 October 2011

Minutes

 

PRESENT: Councillor W. Gaffney (Chair), 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, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects, Manager – Strategic Planning and Office Manager – Corporate Services.

DECLARATIONS OF INTEREST:

Councillor Longbottom declared a pecuniary interest in Environmental Services Division Report No. 31, LEP Planning Proposal Finalisation: 1-5 Birdwood Ave Floor Space Ratio (FSR) as he is a member of the board for the Lane Cove Club. He indicated he would not take part in discussion and vote on the item.

APOLOGIES 

Apologies were received on behalf of Councillors D. Brooks-Horn and S. Bennison.

323

RESOLVED on the motion of Councillor Tudge and Smith that the apologies be accepted and a leave of absence be granted.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Eric Percival of St Giles Anglican Church.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

SUSPENSION OF STANDING ORDERS

324

RESOLVED on the motion of Councillors Palmer and Gaffney 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 Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Guy Hallowes, 29A Johnston Crescent Lane Cove, expressed disappointment with Mowbray Precinct Land and Environment Court proceedings and concern for both traffic management issues and the environmental impacts on Batten Reserve resulting from high density development in the area.  His speech was tabled.

 

Kylie Bryden Smith, 31A Johnston Crescent Lane Cove, expressing concerns with high density development in the Mowbray Precinct including the environmental impacts on the area, Council decision not to pursue further court action, that development applications continue to be assessed and determined despite the completion of a Strategic Review of the area.  She further suggested that Council commission an expert ecologist to study the impacts of development on the area and present findings to the upcoming JRPP meeting.  Her speech was tabled.  

 

Theresa Cox, 66 Gordon Crescent Lane Cove, expressing concerns with the Land and Environment Court proceedings and the impacts of high density development on the Mowbray precinct.

 

Doug Cox, 66 Gordon Crescent Lane Cove, in opposition to high density zoning in the Mowbray precinct and expressing disappointment in the recent outcomes of Land and Environment Court proceedings and subsequently the possible future impacts on the area.

 

Lyn Nasir, 59 Morrice St Lane Cove, supporting Council’s proposed Car Share Scheme outlined in Open Space and Urban Services Report No.  30 and the proposed Courtesy Bus Service outlined in Open Space and Urban Services Report No. 28 but suggesting additional spaces be made available if the need arises.

 

Jack Winnning, 12 Wilandra St Lane Cove, expressing concerns with recent Land and Environment Court proceedings regrading the Mowbray precinct and requesting Council review its part in the proceedings.

 

Tim Flet, 18 Patrick St Willoughby, consultant representing the owner of 71 Longueville Rd Lane Cove, regarding Environmental Services Division Report No. 31 recommending a FSR control of 2.5:1 as opposed 3:1 and requesting the site be looked at in the context of a master plan.

 

Doug Stuart, 21A William Edward St Longueville, speaking on behalf of the Lane Cove Bushland and Conservation Society supporting Notice of Motion No. 18 regarding 150 Epping Rd and on behalf of RASAD objecting to the recommended increase in FSR as outlined in Environmental Services Division Report No. 31.

 

RESUMPTION OF STANDING ORDERS

325

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

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 5 SEPTEMBER 2011

326

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 5 September 2011 be received.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

327

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 5 September 2011 be confirmed.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 


Notices of Motion

 

Notice of Motion No. 18

SUBJECT: 150 Epping Rd, Lane Cove

328

RESOLVED on the motion of Councillors Forrest and Gaffney that Council endorse the draft submission shown attached as AT-2 dated 6 September and it be forwarded to the Department of Planning as a matter of urgency.

 

For the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

Against the Motion were Councillors Longbottom and Smith (Total 2).

 

Matter Arising

SUBJECT: 150 EPPING RD SUBMISSION

 

MOTION

A Motion was moved by Councillors Longbottom and Mcilroy that Council write to the Minister and the Director General of Planning requesting that if this development is approved that the number of units in the Epping Rd development be deducted from any rezoning of the Mowbray Precinct.

 

For the Motion were Councillors Longbottom, Mcilroy and Smith (Total 3).

Against the Motion were Councillors Forrest, Gaffney, Palmer and Tudge (Total 4).

The Motion lapsed.

 

Procedural Motion

329

RESOLVED on the motion of Councillors Gaffney and Palmer that Environmental Services Division Report No. 31. LEP Planning Proposal Finalisation: 1-5 Birdwood Ave Floor Space Ratio (FSR) be brought forward and dealt with as the next item.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Councillor Longbottom left the meeting at 7:57pm.

 

Environmental Services Division Report No. 31

SUBJECT: LEP Planning Proposal Finalisation: 1-5 Birdwood Ave Floor Space Ratio (FSR)

330

RESOLVED on the motion of Councillors Palmer and Tudge that:-

1.      Council request the Department of Planning and Infrastructure consider incorporating the site at 1-5 Birdwood Ave into the Town Centre “Area 2” on the FSR map in order to:-

a.      Provide consistency in the LEP and DCP; and

b.      Provide continuity in the development potential for the site enjoyed since 1994.

2.      If Council’s request in 1. above is refused, then Council submit Planning Proposal 2/1011 to the Department for finalisation but with 2.5:1 as the appropriate FSR so that the site can maintain its development potential.

 

For the Motion were Councillors Forrest, Gaffney, Mcilroy, Palmer and Tudge (Total 5).

Against the Motion was Councillor Smith (Total 1).

Absent was Councillor Longbottom (Total 1).

 

Councillor Longbottom returned to the meeting at 8:03pm.

 

General Managers Reports

 

General Managers Report No. 19

SUBJECT: Council Snapshot

331

RESOLVED on the motion of Councillors Mcilroy and Forrest that the information be received and noted.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

General Managers Report No. 21

SUBJECT: Gazettal of Public Roads

332

RESOLVED on the motion of Councillors Mcilroy and Forrest that Council, in exercising abundant caution, and to remove any doubt about the status of roads left in subdivision of private lands as public road before the commencement of the Local Government Act, 1906, authorise the General Manager to have notices published in the Government Gazette pursuant to Section 16 of the Roads Act 1993.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 39

SUBJECT: Pecuniary Interest Returns 2011

333

RESOLVED on the motion of Councillors Palmer and Forrest that Council note the tabling of Pecuniary Interest Returns of Councillors and Designated Staff lodged prior to 30 September 2011.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).


Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 27

SUBJECT: NSROC Tender No.11/11 for Supply of Asphalt, Supply and Delivery and Supply, Delivery and Laying of Asphaltic Concrete

334

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

1.      Accept the tenders from Boral Asphalt, Downer EDI Works Pty Ltd, J & M Schembri Pty Ltd, Ozpave (Aust) Pty Ltd, SRS Road Services Pty Ltd and Stateline Asphalt Pty Ltd for Supply; Supply and Delivery and Supply, Delivery and Laying of Asphaltic Concrete for two years subject to these contractors having their policies, licences and OH&S requirements assessed and approved with BNG Conserve.

2.      Authorise the General Manager to sign the contracts.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 28

SUBJECT: Proposed Courtesy Bus Levy

335

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

1.   Undertake community consultation for a period of 6 weeks with major property owners on a Courtesy Bus Levy; and

2.   Receive a further report after the consultation concludes outlining the submissions received.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 29

SUBJECT: Richard Street, Greenwich - Road Reserve Safety

336

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

1.   Council receive and note the findings of the safety audit for the road reserve at Richard Street, Greenwich; and

2.   No further action be taken.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 30

SUBJECT: Lane Cove Car Share Policy

337

RESOLVED on the motion of Councillors Palmer and Forrest that Council:-

1.   Endorse the Draft Lane Cove Car Share Policy (subject to the following amendments) and the retention of the existing car share parking space in the Lane Cove Town Centre:-

a.      Point 5 under ‘Application’ be modified to stipulate that progress reports be provided to Council annually or as requested;

b.      Point 7 under ‘Application’ be modified to stipulate that a survey be provided to Council annually or as requested;

c.      Point 9 under ‘Application’ be deleted; and

d.      Point 11 under ‘Application’ be deleted.

2.   Consider any future planning and/or funding for additional Car Share parking spaces on a case-by-case basis and be subject to a resolution of Council prior to implementation. 

3.   Review and monitor the Car Share Scheme’s utilisation and potential for any future increase in parking allocation.

4.   Review and monitor the success or otherwise of Car Share Schemes in other Council areas.

5.   Promote the Car Share Scheme via its website and any other media as appropriate.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 33

SUBJECT: Proposed Additional Green Waste Collection

338

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

1.   Receive and note the report; and

2.   Endorse the additional green waste collection service in December 2011 and beyond for the duration of the current waste contract.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Human Services Division Reports

 

Human Services Division Report No. 5

SUBJECT: Tender Report on the Adaptation of the Top Floor of the Community Centre, 164 Longueville Road, Lane Cove into an Art Gallery and Exhibition Space

339

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

1.      The tender for the provision of the Adaptation of the Top Floor of the Community Centre be awarded to Gapcomm for an amount of $380,906 (incl. GST); and

2.      The General Manager be authorised to enter into a contract with them

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 


 

Procedural Motion

340

RESOLVED on the motion of Councillors Gaffney and Palmer that voting on the parts of Human Services Division Report No. 15, Art Gallery and Exhibition Space – Management Agreement, Business Plan and Proposed Name for the space be dealt with ad-seriatim.

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

 

Human Services Division Report No. 15

SUBJECT: Art Gallery and Exhibition Space - Management Agreement, Business Plan and Proposed Name for the Space

341

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

1.   Note the Business Plan and Draft Management Agreement for the Art Gallery and Exhibition Space;

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

342

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

2.   Endorse the first exhibition in the Art Gallery and Exhibition space as the Council Art Collection;

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

343

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

3.   Write to Gunnedah Shire Council to request that they participate in the first exhibition in the new Lane Cove Art Gallery and Exhibition space by loaning appropriate paintings for display; and

 

For the Motion were Councillors Forrest, Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 7).

Against the Motion was Nil (Total 0).

344

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

4.   Name the new Art Gallery and Exhibition Space, Gallery Lane Cove.

 

For the Motion were Councillors Gaffney, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 6).

Against the Motion were Councillors Forrest (Total 1).

CLOSE

The meeting closed at 8:38pm.

Confirmed at the Ordinary Council Meeting of 17 October 2011, at which meeting the signature herein is subscribed.

 

 

MAYOR

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