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Minutes

Ordinary Council Meeting

20 August 2012, 6:49pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 20 August 2012

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, Director – Major Projects and Governance Officer.

DECLARATIONS OF INTEREST:

Councillor Palmer declared a pecuniary interest in the Notice of Motion “Lane Cove Market Square Car parking Fees” as she regularly spends more than 2 hours in the Lane Cove village which requires her to pay for parking in the facility.  She indicated she would not participate in discussion or vote on the item. 

 

Councillor Bennison declared a non pecuniary interest in Notice of Motion “Food Preparation on Council Footpaths” as he has had conversations with local owners who are interested in the proposal.  He indicated he would discuss and vote on the item. 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager, Peter Brown.

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:

 

Appointment of Executive Manager Corporate Services (EMCS) Division and incoming General Manager's Performance Agreement 2012/13

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.

 

No members of the public made representations.

 

CLOSED COMMITTEE

195

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that:-

1.      Council 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, Longbottom, Mcilroy, Palmer, Smith, Tudge and Gaffney (Total 9).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:53pm.  The public, media, and Council staff left the chamber.

 

Open Council resumed at 7:00pm.  The public, media and Council staff 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:

Appointment of Executive Manager Corporate Services (EMCS) Division and incoming General Manager's Performance Agreement 2012/13

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.

196

RESOLVED on the motion of Councillors Longbottom and Tudge that Council:

1.      Notes that the General Manager consulted with Council in accordance with Section 337 of the Local Government Act in relation to the appointment of an Executive Manager Corporate Services Division, and

2.      Endorses the incoming General Manager’s Performance Agreement 2012 / 2013.

 

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

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

197

RESOLVED on the motion of Councillors Palmer and Smith 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, Longbottom, Mcilroy, Palmer, Smith, Tudge and Gaffney (Total 9).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Kylie Bryden-Smith, 31A Johnston Crescent Lane Cove, supporting the recommendations outlined in the report DCP Draft Amendment 4 for the Mowbray Precinct and thanking the Mayor, departing Councillors and General Manager for their efforts.

 

Terry Jones, 9/7-15 Bellevue Avenue Greenwich, thanking all Councillors for their commitment and contribution to the community, Council staff for their efforts, and the Mayor and Deputy Mayor for their leadership.


 


 RESUMPTION OF STANDING ORDERS

198

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 JULY 2012

199

RESOLVED on the motion of Councillor Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 16 July 2012 be received.

 

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

Against the Motion was Nil (Total 0).

200

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 16 July 2012 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Rescission

Lane Cove Market Square Car parking Fees

 

MOTION

A Motion was moved by Councillors Bennison and Brooks-Horn that the resolution of 18 June 2012, Minute Number 152, in relation to Lane Cove Market Square Car Parking Fees be rescinded.

that the fee structure for the Market Square Car Park be reinstated as per the 2011/12 Budget”

 

Extension of Time

201

RESOLVED on the motion of Councillors Longbottom and Smith that an extension of 1 minute be granted to Councillor Bennison.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

Procedural MotioN

202

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that the petition in support of 3 hour free parking be tabled and debated with rescission motion.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

 

 

 

 

 

Extension of Time

203

RESOLVED on the motion of Councillors Mcilroy and Palmer that an extension of 1 minute be granted to Councillor Forrest.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Palmer and Smith (Total 8).

Against the Motion was Nil (Total 0).

204

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Smith, Tudge and Gaffney (Total 6).

Against the Motion were Councillors Forrest, Mcilroy and Palmer (Total 3).

 

Orders Of The Day

Citizenship Ceremony - Wednesday 5 September 2012

205

RESOLVED on the motion of Councillors Bennison and Gaffney that Councillor Bennison attend the citizenship Ceremony on Wednesday, 5 September 2012 and speak to new citizens about local government.

 

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

Against the Motion was Nil (Total 0).

 

Council and Committee Meeting Schedule - September and October 2012

206

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

 

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

Against the Motion was Nil (Total 0).

 

Councillor Smith thanked the residents of Lane Cove, Councillors Longbottom and Brooks-Horn, and fellow Councillors for their support.

 

Councillor Tudge thanked Councillor Smith for her contribution during her terms as a Councillor.

 

Councillor Longbottom thanked his family and associates for their support, all Council staff, the Executive Management team, and Lane Cove residents and the business community.

 

Councillor Brooks-Horn thanked Councillor Longbottom for his 21 years of service to the community.

 

Councillor Tudge wished Councillor Longbottom all the best for the future.

 

The General Manager thanked the Councillors for their support of Council staff throughout the term.

 

Councillor Gaffney outlined some major achievements of Council over the term, thanked the Deputy Mayor, all Councillors, the General Manager and staff for their support.

 

Councillor Mcilroy left the meeting at 7:47pm.

 

 

 

Suspension of Standing Orders

207

RESOLVED on the motion of Councillors Longbottom and Tudge 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, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

PUBLIC FORUM

 

Herbert Laratt, 28 Garling Street Lane Cove, opposed to the selling of the drainage reserve at 26A Garling Street, requesting it remain classified as community land.

 

Frances Vissel, Stringybark Creek Residents Committee, thanking the Mayor and General Manager for their contribution and commenting on recommendations outlined in DCP Draft Amendment 4 regarding the Mowbray Precinct.

 

Beverley Adcock, 25 Dunois Street Longueville, thanking Councillor Smith and Councillor Longbottom for their support of the Longueville community and wishing the General Manager all the best for his retirement.

 

Don Murchison, Corner Innes Rd and Valleyview Cres, thanking departing Councillors for their service to the community, openness and willingness to communicate with residents and commending the General Manager on his efforts.

 

Anthony Nolan, 7 Phoenix St Lane Cove, thanking departing Councillors for their service to the community and expressing concerns for the number of parking infringements currently affecting the LGA, requesting the Council more closely monitor and enforce parking.

 

Resumption of Standing Orders

208

RESOLVED on the motion of Councillors Smith and Tudge that Standing Orders be resumed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 


Notices of Motion

Lane Cove Market Square Car parking Fees

Councillor Palmer reaffirmed her interest in this matter and left the meeting at 8:02pm.

209

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council in line with the resolution of 16 April 2012 regarding 2012-15 Draft Budget, Delivery Program and Operation Plan with respect to the Lane Cove Market Square Car Parking Fees, revise the fees as follows:-

2011-12                       2012-13

2-3 Hours                                $4.50                           $0

3-4 Hours                                 $6                                $6

4-5 Hours                                 $15                              $15

5-6 Hours                                 $20                              $20

6+ Hours                                  $40                              $40

 

For the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Smith, Tudge and Gaffney (Total 6).

Against the Motion was Councillor Forrest (Total 1).

Absent were Councillors Mcilroy and Palmer (Total 2).

 

Councillor Palmer returned to the meeting at 8:08pm.

 

Meeting House Development

210

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

1.         A report be submitted to Council on the progress of the Meeting House re-development and on the planned future use of 47 Burns Bay Road and if necessary a workshop be held;

2.         Council write to the preschool seeking to clarify their intentions for 2013; and

3.         Should the preschool wish to remain at 47 Burns Bay Road, that Council support this for 2013 to provide certainty for parents.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

Food Preparation on Council Footpaths

 

MOTION

A Motion was moved by Councillors Longbottom and Brooks-Horn that:-

1.         Council provide for the preparation and cooking of food on Council Footpaths in its ‘Tables and Chairs in the Plaza (and Lane Cove shopping Centre) for Commercial Restaurant Use’ policy (U01012); and

2.         This change to the policy go on public display for comment for a period of 6 weeks.

 

Amendment

An Amendment was moved by Councillors Palmer and Forrest that a report come back to Council on the preparation and cooking of food on Council Footpaths with a view to modifying the existing policy Tables and Chairs in the Plaza (and Lane Cove shopping Centre) for Commercial Restaurant Use’.

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Motion were Councillors Forrest, Palmer and Tudge (Total 3).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Smith and Gaffney (Total 5).

Absent was Councillor Mcilroy (Total 1).

211

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Smith, Tudge and Gaffney (Total 6).

Against the Motion were Councillors Forrest and Palmer (Total 2).

Absent was Councillor Mcilroy (Total 1).

 

Australian Indigenous Minority Supplier Council (AIMSC)

212

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

1.         Investigate the possibility of becoming a member of AIMSC;

2.         Request NSROC to invite representative from AIMSC to attend their next meeting with a view to have all member Councils to become members of AIMSC; and

3.         Write to the LGSA requesting they consider inviting representatives of AIMSC to the Local Government Conference as a guest speaker.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

Officer Reports for Determination

Development Control Plan Draft Amendment 4 - Mowbray Precinct

213

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

1.      Adopt for the purposes of public exhibition the following DCP Draft Amendments for the Mowbray Precinct for a period of six weeks:-

a)     Objectives: -

i.     To preserve and enhance the landscape character of the area and provide for future significant vegetation, such as large and medium sized trees.

ii.     To enhance the amenity of the existing and future residents in the precinct.

iii.    To provide an appropriate transition between adjoining high and low density residential uses.

b)     A maximum number of residential storeys applies relating to the LEP height limits as follows:

i.     LEP maximum height 14.5m – 4 residential storeys

ii.     LEP maximum height 17.5m – 5 storeys, subject to c) below.

c)     Any 5th storey is to have a maximum of 50% floor area of the storey below, and be set back 3m from that lower storey’s building line.

d)     A minimum deep soil area of 40% of the site is to be provided for residential flat buildings.

e)     Tree retention is to be encouraged eg, with flexibility regarding setbacks (subject to the amenity of neighbouring properties), tree replacements and driveway design avoiding tree loss on Council land.

f)     Development applications at the interface between the high and low density residential zones are to demonstrate that the amenity of adjacent houses has been a design consideration eg, by stepping-down of buildings, inclusion of upper level setbacks, increased setbacks and/or other approaches in addition to point c) above.

g)     Development application are to be in character with the palette of materials, finishes and design elements that are in harmony with the natural landscape and complementary with the bushland setting of the Precinct. In addition, roof form articulation is encouraged.

2.      Undertake consultation in accordance with the Consultation Strategy outlined in this report.

3.      Receive a further report detailing the setback provisions envisaged.

4.      Receive a further report on the results of consultation.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).
Absent was Councillor Mcilroy (Total 1).

 

Review of State Emergency Services Funding

214

RESOLVED on the motion of Councillors Smith and Tudge that Council make a submission in support of the proposed changes to the funding model for Emergency Services as outlined in the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

Officer Reports for Information

Lane Cove Traffic Committee Meeting held Tuesday 17 July 2012

215

RESOLVED on the motion of Councillors Smith and Palmer that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

Market Square Development Status Report and Financial Summary

216

RESOLVED on the motion of Councillors Brooks-Horn and Tudge that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

 

4th Quarter Review of the 2011-2013 Delivery Program & Operational Plan

217

RESOLVED on the motion of Councillors Smith and Palmer that the 4th quarter review of the 2011-2013 Delivery Program and Operational Plan be received and noted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

Council Snapshot

218

RESOLVED on the motion of Councillors Palmer and Smith that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Mcilroy (Total 1).

 

End of Term Report

219

RESOLVED on the motion of Councillors Gaffney and Palmer that Council receive and note the End of Term Report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer, Smith, Tudge and Gaffney (Total 8).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 9:06pm.

 

Confirmed at the Ordinary Council Meeting of 15 October 2012, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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