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Minutes

Ordinary Council Meeting

5 December 2011, 6:53pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


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:

 

General Managers Report No. 24

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.

No members of the public made representations.

CLOSED COMMITTEE

390

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.

 

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).

 

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:

 

General Managers Report No. 24

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.

391

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.

 

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).

 

SUSPENSION OF STANDING ORDERS

392

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.

 

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

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.

 

RESUMPTION OF STANDING ORDERS

393

RESOLVED on the motion of Councillors Mcilroy and Smith 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 - 7 NOVEMBER 2011

394

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.

 

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).

395

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.

 

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

396

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.

 

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).

 

 

General Managers Report No. 23

SUBJECT: Mowbray Precinct Strategic Review

397

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.

 

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

SUBJECT: Mowbray Precinct ADDITIONAL MATTERS

398

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;

  1. A report be submitted to Council on the practicalities of requesting a hydrological survey of the area; and
  2. 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.

 

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 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.

 

Environmental Services Division Report No. 36

SUBJECT: Planning Proposal for 1-25 Marshall Avenue St Leonards

399

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.

 

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).

 

Orders Of The Day

 

Order Of The Day No. 23

SUBJECT: Council and Committee Meeting Schedule February 2012

400

RESOLVED on the motion of Councillors Brooks-Horn and Smith that the Council and Committee Meeting Schedule for February 2012 be adopted.

 

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).

 


 

Notices of Motion

 

Notice of Motion No. 21

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

401

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.

 

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).

 

Notice of Motion No. 22

SUBJECT: Request to the NSW Minister for Local Government and the NSW Attorney General for Changes to the LGA Act   

402

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.

 

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).

 

Councillor Forrest left the meeting at 9:42pm.

 

Notice of Motion No. 23

SUBJECT: Submission to NSROC Regarding Local Government Superannuation Scheme

403

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.

 

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).

 

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.

 

Matter Arising

SUBJECT: COMPLAINT TO ASIC AND APRA

404

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.

 

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).

 


 

General Managers Reports

 

General Managers Report No. 25

SUBJECT: Council Snapshot

405

RESOLVED on the motion of Councillors Smith and Palmer 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).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 47

SUBJECT: Delegation of Authority During the Christmas Recess

406

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.

 

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 meeting at 10:05pm.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 34

SUBJECT: Signage Manual for Parks and Reserves

407

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.

 

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).

 

Councillor Mcilroy returned to the meeting at 10:07pm.

 

Open Space and Urban Services Division Report No. 35

SUBJECT: National Broadband Network - Impacts for Lane Cove

408

RESOLVED on the motion of Councillors Brooks-Horn and Palmer 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).

 

Matter Arising

SUBJECT: National Broadband Network – LOCAL GOVERNMENT PLANNING

409

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’.

 

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 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.

 

Open Space and Urban Services Division Report No. 37

SUBJECT: Lane Cove Traffic Committee Meeting Held Tuesday 15 November 2011

410

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.

 

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).

 

Councillor Smith returned to the meeting at 10:12pm.

 

Open Space and Urban Services Division Report No. 38

SUBJECT: Ausgrid Proposal for High Pressure Sodium Lighting on Main Roads

411

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.

 

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. 37

SUBJECT: Sustainability Advisory Committee - Nomination of Community Representative

412

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council appoint Jonathon Ladmore as a community representative for the Sustainability Advisory Committee.

 

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 Reports

 

Human Services Division Report No. 16

SUBJECT: Gallery Lane Cove - Progress Report 1

413

RESOLVED on the motion of Councillors Brooks-Horn 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).

 

Human Services Division Report No. 17

SUBJECT: Sister City Staff Exchange

414

RESOLVED on the motion of Councillors Brooks-Horn and Forrest 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).

 

Human Services Division Report No. 18

SUBJECT: The Lane Cove Challenge - Walk Around the World

415

RESOLVED on the motion of Councillors Smith and Brooks-Horn 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).

 

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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