Ordinary Council Meeting
21 May 2012, 7:05pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
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, Manager – Environmental Health and Governance Officer.
Councillor Bennison declared a pecuniary interest in relation to Financial Assistance to Community Groups 2012/2013 as he is the auditor for both Lane Cove Occasional Care and the Longueville Sporting Club. He indicated he would not take part in the discussion or vote on those items.
Councillor Longbottom declared a pecuniary interest in Financial Assistance to Community Groups 2012/2013 as he is a member of the board of Lane Cove and Northside Community Services. He indicated he would not take part in the discussion or vote on those items.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the General Manager.
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:
Financial Assistance to Community Groups 2012/2013 |
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 financial assistance is used by some organisations for the employment of staff and therefore disclosure of funding arrangements is not in the public interest.
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Independent Hearing and Assessment Panel (IHAP) Appointments |
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 the report specifically discusses the personal details of persons who applied. |
No members of the public made representations.
Closed Committee commenced at 6:34pm. The public and media left the chamber.
Open Council resumed at 7:05pm. 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.
The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:
Independent Hearing and Assessment Panel (IHAP) Appointments |
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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 the report specifically discusses the personal details of persons who applied. |
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RESOLVED on the motion of Councillors Longbottom and Smith that:- 1. Council note the General Manager has consulted with Council prior to the appointment of the Lane Cove IHAP Chairperson and Panel Members. 2. Upon acceptance by the appointees, a Press Release be issued and information be placed on Council’s website advising of the IHAP members. |
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For the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom, Mcilroy and Smith (Total 6). Against the Motion were Councillors Forrest, Palmer and Tudge (Total 3). |
Kylie Bryden-Smith, 21A Johnston Crescent Lane Cove North, highlighting the impacts of excavation and construction noise on her families amenity and opposing the recommendation regarding construction working hours on Saturdays within the Mowbray Precinct, requesting instead that Council consider restricting working hours further to 8am - 12noon or 9am – 1pm in line with surrounding Councils.
Alex MacInnes, 26 Johnston Crescent Lane Cove North, expressing concerns regarding excavation and construction noise in the area and opposed to the recommendation regarding construction working hours on Saturdays within the Mowbray Precinct, urging Council to restrict working hours further to 8am - 12noon on Saturdays.
Ezzat Zadeh, 3 Second Avenue Lane Cove, supporting the proposal to construct an access driveway and double garage at his property.
Brian Larking, 74 Northwood Road Northwood, supporting of the proposal to classify Northwood as a Heritage Conservation Area.
Jack Winning, 12 Willandra Street Lane Cove, supporting the restriction of working hours on Saturdays recommended in the report and any additional restrictions of working hours and expressing disappointment in Councils resolution in support of rezoning in the area.
Megan Agnew, 12 Elizabeth Parade Lane Cove North, highlighting the impacts of noise resulting from developments within the Mowbray Precinct, including that of heavy vehicles operating outside allowable operating hours particularly in the early hours of the morning. She expressed a range of concerns regarding vehicle noise, the pitch and volume of construction and excavation noise, verbal abuse and insulting behaviour by construction workers, and possible the long term health implications of sleep deprivation.
Laura Hogan, 12 Elizabeth Parade Lane Cove North, supporting a reduction in working hours in the Mowbray Precinct on Saturdays, requesting Council consider reducing these to between 9am-1pm, and suggesting range of possible measures that may help control and minimise noise impacts on the amenity of local residents including the introduction of noise management plans for all future DA’s in the precinct, undertaking ambient sound analysis when no construction work being carried out and completing random spot checks to measure comparable sound levels and ensure noise from development is not excessive, and increased monitoring of construction sites to ensure compliance with development conditions.
Barry Edwards, 12 Elizabeth Parade Lane Cove North, commenting on the impacts of construction noise from the neighbouring development, including noise generated from heavy vehicles arriving prior to allowable working hours and hammering. He expressed concerns regarding the expected lengthy duration of construction noise in the area and support for restricting working hours and operations on Saturdays, suggesting Council consider reducing working hours to commence from 8am.
Cate Turner 36 Centennial Avenue Lane Cove, on behalf of the Lane Cove Residents for Reconciliation, supporting the proposed Cameraygal Park and the recommendation to amend the LEP for 69 Longueville Rd to accommodate this.
Doug Stuart, 21A William Edward Street Longueville, on behalf of RASAD supporting the recommendation of the Notice of Motion that Council hold a residents forum about the IHAP implementation prior to first IHAP meeting, supporting the proposal to rezone 69 Longueville Rd to Recreational Open Space and the construction of Cameraygal Park, opposed to the implementation of only 3 recycling bins in the Plaza and suggesting more are required.
Robyn Stutchbury, 1 Carisbrook Street Linley Point, expressing concern with allowing development which impacts rock faces along the foreshore and suggesting that the policy be more strongly worded to stipulate that no development shall impact these.
Graeme Holland, 27 Johnston Crescent Lane Cove North, suggesting the proposed policy amendments for F04002 Rock Faces and Flora and F04003 Boar Sheds weaken the policies and urging Council to retain both policies in their current form.
Councillor Brooks-Horn left the meeting at 8:01pm
Councillor Bennison left the meeting at 8:02pm
Councillor Forrest left the meeting at 8:05pm
Frances Vissel, 14 Fraser Street Lane Cove, in support of the proposed Cameraygal park and on behalf of Stringybark Creek Residents Association, commenting on construction working hours on Saturdays within the Mowbray Precinct, requesting Council consider restrict these further to cease at 12noon – 1pm on Saturdays and supporting the recommendation to hold a residents forum about the IHAP implementation prior to first IHAP meeting.
Councillor Brooks-Horn returned to the meeting at 8:05pm
Councillor Forrest returned to the meeting at 8:06pm
Councillor Bennison returned to the meeting at 8:06pm
Terry Jones, 7-15 Bellevue Avenue Greenwich, expressing concerns with the details of the process and structure of the proposed Independent Hearing and Assessment Panel (IHAP) and supporting the recommendation to hold a residents forum about the IHAP implementation prior to first IHAP meeting.
Merri Southwood, 17 Mitchell Street Greenwich, Greenwich Residents Association expressing concerns regarding the implementation of the Independent Hearing and Assessment Panel (IHAP) specifically lack of community consultation and supporting the recommendation to hold a residents forum about the IHAP implementation prior to first IHAP meeting.
Win Chandler, 32 Elizabeth Parade Lane Cove North, highlighting the impacts of excavation and construction noise on her amenity and wellbeing and supporting further restricts to working hours on Saturdays within the Mowbray Precinct.
Councillor Mcilroy left the meeting at 8:13pm.
CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 APRIL 2012 |
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RESOLVED on the motion of Councillors Smith and Palmer that the minutes of the Ordinary Council meeting held on the 16 April 2012 be received. |
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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). |
RESOLVED on the motion of Councillors Smith and Palmer that the minutes of the Ordinary Council meeting held on the 16 April 2012 be confirmed subject to the note on page 6 being amended to read “Councillor Bennison declared a pecuniary interest in Item 11, Funding Under Round 4 of the Sustainability Small Grants Program.” |
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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). |
Councillor Mcilroy returned to the meeting at 8:15pm.
Referred Reports FROM Inspection Committee 19 May 2012
Officer Reports for Determination
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A Motion was moved by Councillors Smith and Longbottom that Council note the report and advise the Northwood Action Group that it does not wish to “commence the process of classification of Northwood as a Conservation Area” at this time. |
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A Foreshadowed Motion was moved by Councillors Tudge and Palmer that:- 1. Note the letter submitted by Northwood Action Group dated 26 September 2011 requesting Council to “commence the process of classification of Northwood as a Heritage Conservation Area”; and 2. A Northwood Heritage Conservation Area proceed to a draft LEP amendment. |
Upon being put to the meeting the Motion was declared carried. |
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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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The Foreshadowed motion lapsed. |
Councillor Smith left the meeting at 9:40pm Councillor Smith returned to the meeting at 9:40pm. |
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A Motion was moved by Councillors Forrest and Tudge that Council amend construction times for all development consents issued in the Mowbray Road Precinct as follows:- “All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:- Monday to Friday (inclusive) 7am to 5.30pm Saturday 8am to 12noon with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N. Sunday No work Sunday or any Public Holiday.” |
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A Foreshadowed Motion was moved by Councillors Longbottom and Smith that Council amend construction times for all development consents issued in the Mowbray Road Precinct as follows:- “All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:- Monday to Friday (inclusive) 7am to 5.30pm Saturday 7am to 4pm with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N. Sunday No work Sunday or any Public Holiday.” |
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Upon being put to the meeting the Motion was declared lost. |
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For the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4). Against the Motion were Councillors Bennison, Brooks-Horn, Gaffney, Longbottom and Smith (Total 5). |
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The Foreshadowed Motion became the Motion. |
Upon being put to the meeting the Motion was declared carried. |
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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). |
Proposed Cameraygal Park |
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RESOLVED on the motion of Councillors Bennison and Palmer that Council write to the Minister for Roads and Ports, the Honorable Duncan Gay MP and also the Premier, the Honorable Barry O’Farrell MP seeking their assistance and support for transfer of 69 Longueville Road to Council to allow the provision of a ‘gateway’ park for the Lane Cove Town Centre. |
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For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8). Against the Motion was Councillor Tudge (Total 1). |
Councillor Smith left the meeting at 10:08pm.
Councillor Smith returned to the meeting at 10:10pm.
Determination of the Local Government Remuneration Tribunal for Councillors Fees |
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RESOLVED on the motion of Councillors Smith and Palmer that the following annual fees be paid to the Mayor and Councillors for 2012/2013:-
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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). |
Voting Delegates for One Association to Represent NSW Local Government |
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RESOLVED on the motion of Councillors Tudge and Smith that Council appoint the Mayor, Deputy Mayor, and Councillor Smith as Council’s voting delegates to take part in the forthcoming secret postal ballot to deal with the matter of One Association, and that their names and personal postal addresses be forwarded to the Associations to form the Roll of Voters. |
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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). |
Lane Cove Traffic Committee Meeting Held Tuesday 17 April 2012 |
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RESOLVED on the motion of Councillors Smith and Palmer that the recommendations of the Lane Cove Traffic Committee held Tuesday 17 April 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). |
Officer Reports for Information
3rd Quarter Review of the 2011-2013 Delivery Program & Operational Plan |
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RESOLVED on the motion of Councillors Smith and Palmer that the 3rd quarter review of the 2011-2013 Delivery Program and Operational Plan 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). |
RESOLVED on the motion of Councillors Forrest and Palmer that Council receive and note the 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). |
RESOLVED on the motion of Councillors Tudge and Palmer that Council:- 1. Receive and note the report; and 2. Support Shorefest in 2013 and other future similar youth related initiatives that focus on music and entertainment. |
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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). |
CLOSE
The meeting closed at 10.28pm.
Confirmed at the Ordinary Council Meeting of 18 June 2012, at which meeting the signature herein is subscribed.
MAYOR