Ordinary Council 5 December 2011
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,
Strategic Planner and Governance Officer.
DECLARATIONS
OF INTEREST:
Councillor Smith
declared a Pecuniary Interest in Open Space and Urban Services Division Report
No. 37, Item Y6 of AT-2, as she has a property in Austin Street. She advised
she would not take part in discussions or vote on the item.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Steven
Pym of Greenwich Presbyterian Church.
CONFIDENTIAL
ITEMS
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:
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General Managers
Report No. 24
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SUBJECT: Senior
Staff Matter
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
that the matter pertains to the employment of staff.
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No members of the public made representations.
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CLOSED COMMITTEE
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390
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RESOLVED
on the motion of Councillors
Gaffney and Palmer that:-
1. Resolve
into Closed Committee to consider the business identified above.
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.
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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).
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Closed Committee commenced at 6:55pm. Council staff, the public and media left the chamber.
Open Council resumed at 7:00pm. Council staff, the public and media were invited into the chamber.
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.
Confidential Items
The General
Manger read the recommendations of the Item/s considered in Closed Committee
prior to Council’s consideration:
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General Managers Report No. 24
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SUBJECT: Senior Staff Matter
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 that the matter pertains to the employment of
staff.
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391
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RESOLVED on the motion of Councillors Tudge and Mcilroy that Council note the General Manager consulted with Council in
relation to this senior staff matter.
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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).
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SUSPENSION OF STANDING ORDERS
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392
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RESOLVED on the motion of Councillors
Gaffney 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.
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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).
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PUBLIC FORUM
Brian McDonald, 46 Gordon Crescent
Lane Cove, in relation to General Managers Division Report No. 23, expressing
concerns with the Strategic Review including outstanding environmental matters
and resident concerns not addressed in the review, Council’s position regarding
downzoning of the area, and the removal of Girraween Park.
Frances Vissel, speaking on behalf
of the Stringybark Creek Resident Association in opposition to Council's
recommendation to retain R4 zoning through much of the Mowbray precinct as
outlined in General Managers Report No. 23 and supporting the zoning proposal
being submitted through the Gateway process.
Councillor Smith left the meeting
at 7:20pm.
Councillor Smith returned to the
meeting at 7:22pm.
Guy Hallowes, 29A Johnston
Crescent Lane Cove, suggesting amendments to the recommendations of the
Strategic Review addressed in General Managers Report No 23, specifically regarding
extending E4 zoning along Gordon Crescent, urging that these amendments be
implemented prior to submission through the Gateway process and expressing
disappointment in the apparent lack of consideration given to resident concerns
throughout the consultation process at various stages by State Government
agencies.
Kylie Bryden-Smith, 31A Johnston
Crescent Lane Cove, expressing concerns regarding General Managers Division Report
No. 23, including the necessity of increasing housing in the Mowbray Precinct
to the extent proposed, environmental and safety concerns, and the loss of
Girraween Park as a recreation area, and requesting amendments to the
recommendations of the Strategic Review be incorporated prior to submission to
the Gateway process. Her speech was tabled.
Sjirk Bangma, 18 Kullah Parade
Lane Cove, expressing concerns regarding General Managers Report No. 23 including
the implementation of controls to preserve of bushland not being extended
entirely along Gordon Crescent, the financial implications and uncertainty
associated with the proposed zoning changes and high density developments on residents
in the area, and opposing the removal of Girraween Park as a recreation area.
Anne Proudfoot-Horn, 15 /424 Mowbray
Rd Lane Cove, outlining concerns regarding General Managers Division Report No.
23 including the removal of Girraween Park, traffic and environmental concerns.
Alasdair Stuart, 11 Johnston
Crescent Lane Cove, commenting on General Manager's Division Report No. 23 highlighting
that appropriate geotechnical / hydrological studies should be carried out in
the area prior to construction of high density developments in the Mowbray
Precinct.
Doug Stuart, speaking on behalf of
the Lane Cove Bushland and Conservation Society, highlighting environmental
concerns associated with increased development in Mowbray as addressed in General
Managers Division Report No. 23, including effects on Batten Reserve and
environmental impacts of infrastructure upgrades in the area.
Clinton Downs, 68 Gordon Crescent
Lane Cove, in opposition to the proposed increase of the APZ from 25m to 35m
from approx 60-68 Gordon Crescent and requesting it remain at 25m.
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RESUMPTION OF STANDING ORDERS
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393
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RESOLVED on the motion of Councillors Mcilroy and Smith that Standing Orders be resumed.
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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).
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CONFIRMATION OF MINUTES OF
ORDINARY COUNCIL MEETING - 7 NOVEMBER 2011
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394
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RESOLVED on the motion of Councillors
Mcilroy and Brooks-Horn that the minutes of the Ordinary Council meeting held
on the 7 November 2011 be received.
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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).
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395
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RESOLVED on the motion of Councillors Mcilroy and Smith that the minutes
of the Ordinary Council meeting held on the 7 November 2011 be confirmed subject
to an amendment to pg 16 regarding Councillor Smith leaving the meeting.
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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).
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Procedural Motion
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396
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RESOLVED on the motion of Councillors
Gaffney and Smith that General Managers Report No. 23, Mowbray Precinct
Strategic Review, and Environmental Services Report No. 36, Planning Proposal for 1-25 Marshall Avenue St Leonards, be brought
forward and dealt with as the next items.
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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).
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General Managers Report No. 23
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SUBJECT: Mowbray Precinct Strategic Review
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397
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RESOLVED on the motion of Councillors
Smith and Brooks-Horn that Council:-
1. Endorse the Mowbray Road Precinct Strategic Review Report
November 2011.
2. Submit a planning proposal to the Department of Planning
& Infrastructure seeking Gateway approval to exhibit a draft rezoning in
accordance with the PCG’s Recommended Option, subject to the following
variations:-
a) 46-60 Gordon Crescent be rezoned from high density (R4) to
Environmental Living (E4);
b) The Low Density Residential (R2) zoning being replaced with Environmental
Living (E4); and
c) Retain the Girraween Park recreational zoning until a
replacement pocket park is acquired.
3. Advise the community of the above resolutions by website and eNewsletters.
4. Liaise with Housing NSW regarding the planning proposal and
improved green space options.
5. Amend the S.94 Plan to provide for works as in the Strategic
Review Report.
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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).
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Matter Arising
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SUBJECT: Mowbray Precinct ADDITIONAL MATTERS
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398
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RESOLVED on the motion of Councillors
Mcilroy and Longbottom that:-
1. Sydney Water be advised of the proposed Mowbray Rd Precinct land
use changes and requested to consider capacity implications for its sewerage
network system;
- A report be
submitted to Council on the practicalities of requesting a hydrological
survey of the area; and
- Council write
to the Roads and Maritime Services advising of Council’s resolution Mowbray
Road Precinct and requesting a status update on Mowbray/Pacific Hwy,
Mowbray/ Centennial, Centennial / Epping Rd and Epping Rd / Mowbray.
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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).
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Councillor Mcilroy left the meeting at
8:37pm.
Councillor Mcilroy returned to the meeting
at 8:39pm.
Councillor Bennison left the meeting at
8:40pm.
Councillor Bennison returned to the meeting
at 8:41pm.
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Environmental Services Division
Report No. 36
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SUBJECT: Planning Proposal for 1-25 Marshall Avenue
St Leonards
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399
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RESOLVED on the motion of Councillors Gaffney and Smith that Council:-
1. Adopt the draft amendments to LEP 2009 Height Map for
submission to the Department of Planning, as detailed at AT-3;
2. Adopt the draft amendments to LEP 2009 FSR Map for submission
to the Department of Planning as detailed at AT-3;
3. Submit the LEP with adopted amendments in the form of a planning
proposal to the Department of Planning LEP Gateway, requesting approval to
proceed to exhibition;
4. Undertake a public exhibition of the LEP amendments for a
period of 6 weeks after Gateway Approval (no sooner then February 2012) in
accordance with the Environmental Planning & Assessment Act and
Consultation Strategy outlined in the report;
5. Receive a further report evaluating the Community
Consultation and options for determination; and
6. Investigate Voluntary Planning Agreement opportunities for
the establishment and/or development of community infrastructure associated
with this zoning proposal.
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For the Motion were
Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Palmer and Smith
(Total 6).
Against the Motion were Councillors
Forrest, Mcilroy and Tudge (Total 3).
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Orders Of The Day
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Order Of The Day No. 23
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SUBJECT: Council and Committee Meeting Schedule
February 2012
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400
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RESOLVED on the motion of Councillors Brooks-Horn and Smith that the Council and Committee Meeting Schedule for February 2012 be
adopted.
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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).
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Notices of Motion
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Notice of Motion No. 21
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SUBJECT: Request to the Shadow Treasurer the Hon. Joe
Hockey Regarding Changes to Superannuation Industry (Supervision) Act 1993
Act and Corporations Law 2001 for Local Government Superannuation Schemes
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401
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RESOLVED on the motion of Councillors Bennison and Smith that Council
request a meeting with Hon. Joe Hockey, the Mayor, NSROC Director, Councillor
Bennison and relevant staff to provide him with all information regarding the
LGSS and related entities and discuss possible changes to the Superannuation
Industry (Supervision) Act and Corporations Law 2001 affecting the governance
of Local Government Industry Funds including:-
1. Recommended amendments to Superannuation Industry
(Supervision) Act specifically dealing with Local Government Superannuation
Schemes that specifically address the issues of related party transactions
and the prohibition of all persons with no formal
tertiary qualifications in accounting or finance
being Board Directors of the trustees.
2. Considering expanding the Statutory Duties of Directors
under Corporations Law 2001 relating to trusteeship of Local Government
Superannuation Schemes that may help redress the concerns of remuneration,
related party transactions and disclosure.
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For the Motion
were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total
5).
Against the Motion were Councillors
Forrest, Mcilroy, Palmer and Tudge (Total 4).
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Notice of Motion No. 22
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SUBJECT: Request to the NSW Minister for Local
Government and the NSW Attorney General for Changes to the LGA Act
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402
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RESOLVED on the motion of
Councillors Bennison and Brooks-Horn that:-
1. Council
write to the Minister for Local Government the Hon. Don Page and the NSW
Attorney General the Hon. Greg Smith and request that they consider the
introduction of legislative amendments to the Local Government Act that
will:-
a) Prohibit
any Councillor and/or executive member of the LGSA, who have
no formal tertiary qualifications in accounting or finance, being appointed to the board of Directors of the Local
Government Superannuation Scheme(s) and/or any of its associated entities;
b) Prohibit
any former Councillor and/or executive member of the LGSA, who have no formal tertiary qualifications in accounting or finance, being appointed to the board of Directors of the any Local
Government Superannuation Scheme(s) and/or any of its associated entities for
a period of two years from the date of cessation of being a Councillor and/or
LGSA executive member;
c) Prohibit
any transactions between the Local Government Superannuation Scheme and any
related entities as defined under Corporations Law 2001 except for dealings
with regard to member benefits;
d) Allow
employers (councils) to remove and/or replace the Trustee;
e) Allow
councils access to any information and documentation of the Trustee as and
when requested; and
f) That all appointments to the Board of Trustees be
outsourced to an external recruitment company to ensure that all future
appointments are in the best interests of the LGSS members.
2. If the Ministers feel that their powers are restricted
by other current legislation to achieve changes noted in point 1, that
Council support the introduction of legislation that would give them the
powers to make the necessary changes to the legislation.
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For the Motion
were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total
5).
Against the Motion were Councillors
Forrest, Mcilroy, Palmer and Tudge (Total 4).
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Councillor Forrest left the meeting at
9:42pm.
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Notice of Motion No. 23
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SUBJECT: Submission to NSROC Regarding Local
Government Superannuation Scheme
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403
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council
prepare a submission to NSROC in support of their resolution dated 10
November 2011 about the Local Government Superannuation Scheme and related
entities.
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For the Motion
were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Mcilroy, Palmer,
Smith and Tudge (Total 8).
Against the Motion was Nil (Total 0).
Absent was Councillor Forrest (Total 1).
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Councillor Forrest returned to the meeting
at 9:46pm.
Councillor Tudge left the meeting at
9:46pm.
Councillor Tudge returned to the meeting at
9:47pm.
Councillor Brooks-Horn left the meeting at
9:49pm.
Councillor Brooks-Horn returned to the
meeting at 9:51pm.
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Matter Arising
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SUBJECT: COMPLAINT TO ASIC AND APRA
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404
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RESOLVED on the motion of Councillors
Bennison and Brooks-Horn that in addition to
Council’s submission to NSROC that Council support lodging a formal complaint
to ASIC and APRA.
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For the Motion
were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total
5).
Against the Motion were Councillors
Forrest, Mcilroy, Palmer and Tudge (Total 4).
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General Managers Reports
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General Managers Report No. 25
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SUBJECT: Council Snapshot
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405
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RESOLVED on the motion of Councillors Smith and Palmer that the report be received and noted.
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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).
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Corporate Services Division Reports
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Corporate Services Division
Report No. 47
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SUBJECT: Delegation of Authority During the Christmas
Recess
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406
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RESOLVED on the motion of Councillors Smith and Gaffney that:-
1. Subject to the provisions of Section 377 of the Local
Government Act, 1993, and point 2 below, Council appoint a Committee
comprising of the Mayor and the General Manager, or in their absence a
delegate of the Mayor and/or the person acting as General Manager, to deal
with and determine, urgent matters arising during the Council recess until 6
February 2012, in such cases applying Council’s policies, or where no such
policies exist, exercising due caution.
2. No Section 96 or Section 82A reviews of development
applications be undertaken under delegated authority in relation to any
matter that has been determined by Council or the Planning and Building
Committee.
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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).
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Councillor Mcilroy left the meeting at 10:05pm.
Open Space and Urban Services Division Reports
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Open Space and Urban Services
Division Report No. 34
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SUBJECT: Signage Manual for Parks and Reserves
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407
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RESOLVED on the motion of Councillors Tudge and Brooks-Horn that:-
1. Council receive and note the Draft Signage Manual prepared by
Artscape, dated November 2011;
2. The draft manual be placed on public exhibition until 29
February 2012, in accordance with the consultation strategy outlined in the
report; and
3. A report come back to Council following the exhibition period
outlining any recommended changes and amendments to the draft sign concepts.
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For the Motion
were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer,
Smith and Tudge (Total 8).
Against the Motion was Nil (Total 0).
Absent was Councillor Mcilroy (Total 1).
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Councillor Mcilroy returned to the meeting
at 10:07pm.
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Open Space and Urban Services
Division Report No. 35
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SUBJECT: National Broadband Network - Impacts for
Lane Cove
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408
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RESOLVED on the motion of Councillors Brooks-Horn and Palmer that the report be received and noted.
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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).
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Matter Arising
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SUBJECT: National Broadband Network – LOCAL GOVERNMENT PLANNING
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409
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RESOLVED on the motion of Councillors
Tudge and Gaffney that Council note the information tabled by Councillor Bennison regarding the NBN rollout entitled ‘National
Broadband Network - Local Government Planning’.
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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).
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Councillor Smith
reaffirmed her Pecuniary Interest in Open Space and
Urban Services Division Report No. 37, Item Y6 of AT-2, as she has a property
in Austin Street. She left the meeting at 10:11pm.
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Open Space and Urban Services
Division Report No. 37
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SUBJECT: Lane Cove Traffic Committee Meeting Held
Tuesday 15 November 2011
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410
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RESOLVED on the motion of Councillors Gaffney and Brooks-Horn that the recommendations of the Lane Cove Traffic Committee held
Tuesday 15 November 2011 be adopted subject to an amendment to Y6 that notes Councillor
Smith abstained from voting on the matter.
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For the Motion
were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom,
Mcilroy, Palmer and Tudge (Total 8).
Against the Motion was Nil (Total 0).
Absent was Councillor Smith (Total 1).
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Councillor Smith returned to the meeting at
10:12pm.
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Open Space and Urban Services
Division Report No. 38
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SUBJECT: Ausgrid Proposal for High Pressure Sodium
Lighting on Main Roads
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411
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RESOLVED on the motion of Councillors Brooks-Horn and Tudge that Council:-
1. Accept Ausgrid’s offer, dated 28 November 2011, to adopt a
new intelligent power supply as its standard approach for new and replacement
lighting on main roads; and
2. Accept Ausgrid’s offer, 28 November 2011, to accelerate the
replacement of the worst performing lighting, inefficient mercury vapour
lighting on main roads, with this new technology using external environmental
funding.
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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).
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Environmental Services Division
Reports
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Environmental Services Division
Report No. 37
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SUBJECT: Sustainability Advisory Committee -
Nomination of Community Representative
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412
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RESOLVED on the motion of Councillors Forrest and Mcilroy that Council appoint Jonathon Ladmore as a community representative for
the Sustainability Advisory Committee.
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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).
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Human Services Division Reports
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Human Services Division Report
No. 16
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SUBJECT: Gallery Lane Cove - Progress Report 1
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413
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RESOLVED on the motion of Councillors Brooks-Horn and Tudge that the
report be received and noted.
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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).
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Human Services Division Report
No. 17
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SUBJECT: Sister City Staff Exchange
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414
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RESOLVED on the motion of Councillors Brooks-Horn and Forrest that the report be received and noted.
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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).
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Human Services Division Report
No. 18
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SUBJECT: The Lane Cove Challenge - Walk Around the
World
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415
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RESOLVED on the motion of Councillors Smith and Brooks-Horn that the report be received and noted.
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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).
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CLOSE
The meeting closed at 10:15pm.
Confirmed at the Ordinary Council Meeting
of 6 February 2011, at which meeting the signature herein is subscribed.
MAYOR
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END OF MINUTES *********
