Ordinary Council Meeting
19 November 2012, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council Meeting
19 November 2012, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
PRESENT: Councillor S. Bennison (Chair), Councillor K. Brent, Councillor D. Brooks-Horn, Councillor S. Cheong, Councillor M. Gold, Councillor D. Hutchens, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.
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.
DECLARATIONS OF INTEREST:
Councillor Brooks-Horn declared a non pecuniary conflict of interest in Item No. 21 “Request For Reimbursement of Legal Expenses” as he in on the Board of the Lane Cove Club with Ian Longbottom. He indicated he would not participate in discussions or vote on the item.
Councillor Cheong declared a non pecuniary conflict of interest in Item No. 16 “Contribution for Road Construction to Service 316-322 Burns Bay Road, Lane Cove” as the matter is currently before the Joint Regional Planning Panel of which he is a member. He indicated he would not participate in discussion or vote on the item. Later in the meeting Councillor Cheong also declared a non pecuniary conflict of interest in “1-25 Marshall Ave Planning Proposal – Additional Information” as it could potentially end up before the JRPP of which he is a member. He did not participate in discussions or vote on the item.
Councillor Bennison declared a non pecuniary interest in Item No. 3 “Purchase of School Camp Site Marnie” as he has had past involvement with the Chatswood P& C who are selling the site and Item No. 15 “Preparation & Cooking of Food on Council Footpaths” as the owners of the café who originally expressed interest in the concept displayed some of his campaign posters prior to the recent Local Government Election. He indicated he would participate in discussions and vote on the item.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by General Manager.
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.
Deborah Hill of Lane Cove in support of retaining E4 Environmental Living zoning in Kullah Parade and rezoning 8-14 Mindarie Street as E4 Environmental Living.
Wendy Stamp of Greenwich, opposed to the planning proposal for 1-25 Marshall Ave particularly the development of a tower on the site and urging Council to first develop a Master Plan for the area.
Speaking on behalf of Pei Long Wu of Lane Cove North, expressing concerns regarding the planning proposal to down zone Kullah Parade from R4 High Density to E4 Environmental Living.
Sjirk Bangma of Lane Cove North, supporting a planning proposal to rezone 8-14 Mindarie Street as E4 Environmental Living.
Peter Mangels from RPS Group on behalf of Eureka Funds Management the owner of 207 Pacific Hwy St Leonards, expressing concerns with planning proposal for 1-25 Marshall Ave specifically potential loss of views and urban design issues.
Elizabeth McDougall of Lane Cove North, supporting the re-exhibition of 8-14 Mindarie Street for the purpose of community consultation and opposed to rezoning the properties as E4 Environmental Living.
Jack Winning of Lane Cove North, supporting a planning proposal to rezone 8-14 Mindarie Street to E4 Environmental Living.
Ron Gornall of Lane Cove, expressing concerns regarding the ‘Preparation and Cooking of Food on Council Footpaths’ particularly the level of opposition received during the consultation process and possible impacts on the amenity of the area and the environment and congratulating Council on the proposal to implement Wildlife Protection Area’s in the LGA.
Louise Diffley of Lane Cove North expressing concerns regarding the zoning changes to her property and supporting retaining R4 High Density zoning for 8-14 Mindarie Street as recommended in the recent Strategic Review.
Cody Spencer of Lane Cove supporting Council’s proposed Policy on Planting / Landscaping of Nature Strips and supporting the rezoning 8-14 Mindarie Street as E4 Environmental Living.
Andrew Pelly of Lane Cove North expressing concerns regarding development and potential future rezoning of the Mowbray precinct which could be detrimental to not only residents amenity and quality of life but also the surrounding bushland and natural environment.
Frances Vissel of Lane Cove North commenting on the environmental importance of the Batten Reserve and sharing a short video and photograph slideshow showcasing the natural environment within the reserve.
Superintendent Rob Critchlow of the NSW Police Department supporting the provision of dedicated police parking space in Lane Cove to support an increased law enforcement presence in the village.
Christine Michael, owner of a commercial property on Longueville Road, opposed to the proposal to allow for the ‘Preparation and Cooking of Food on Council Footpaths’ citing impacts to amenity, surrounding environment, and existing and future businesses.
Belinda Bean of Lane Cove and co-founder of ‘Live and Learn Local’ supporting preserving the Batten Reserve and Council’s proposed policy on Planting / Landscaping of Nature Strips.
Jacinta Lee, owner of Toni and Guy Lane Cove, expressing concerns regarding Council’s proposed policy to allow for the ‘Preparation and Cooking of Food on Council Footpaths’ citing the impacts on amenity of surrounding businesses and the regulation of proposed operating restrictions.
Ross Messina, owner of a business on Longueville Road, opposed to the proposed policy to allow for the ‘Preparation and Cooking of Food on Council Footpaths’ in its current form, suggesting that the concept be reconsidered and adapted to better suit the area.
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CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 OCTOBER 2012 |
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RESOLVED on the motion of Councillor Brooks-Horn and Hutchens that the minutes of the Ordinary Council meeting held on the 15 October 2012 be received. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillor Brooks-Horn and Brent that the minutes of the Ordinary Council meeting held on the 15 October 2012 be confirmed. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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A Motion was moved by Councillors Bennison and Brooks-Horn that in order for Council to progress with the redevelopment of the Rosenthal Car Park Site, Council:- 1. Prepare concept ideas for an underground car park on the site, such to include options for a below ground retail tenant/s; 2. Undertake a community consultation process to determine the design principles for what should occur on the site; 3. Council call for Expressions of Interest for tenants for the below ground retail space; and 4. Require the General Manager to undertake these actions in consultation with the Mayor, Deputy Mayor and Clr Cheong and that progress be reported back to Council on a bi-monthly basis. |
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Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Palmer and Strassberg that in order for Council to progress with the redevelopment of the Rosenthal Car Park Site, Council:- 1. Prepare concept ideas for an underground car park on the site, such to include options for a below ground retail tenant/s; and 2. Undertake a community consultation process to determine the design principles for what should occur on the site. |
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Upon being put to the meeting the Motion was declared carried. |
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For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 7). Against the Motion were Councillors Palmer and Brent (Total 2). |
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The Foreshadowed Motion lapsed. |
Officer Reports for Determination
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1-25 Marshall Avenue Planning Proposal - Additional Information |
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That:- 1. Council write to LOFTEX asking for a letter of support for an extension of the time line to June 2013, as offered by the General Manager of LOFTEX, of the Marshall Ave LEP planning proposal. 2. Council writes to the Minister for an extension time line of the LEP determination to allow consultation with the community to develop DCP controls that would provide clarity to the proposed development on the Marshall Avenue site. 3. The matter come back before Council should LOFTEX or the Minister not agree to the extension of the planning proposal deadline. |
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Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Palmer and Brent that:- 1. Council adopt the exhibited amendments to the Lane Cove Local Environmental Plan 2009 relating to 1-25 Marshall Avenue, St Leonards, subject to the following change:- a) The proposed building height map show the height of the eastern portion reduced from 78m to 65m. 2. The Department of Planning & Infrastructure be requested to finalise the Planning Proposal LEP Amendments. 3. Development Control Plan amendments be prepared in an appropriate timeframe supporting the finalisation of the LEP amendments for the subject site. |
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Extension of Time A Motion was moved by Councillors Brent and Strassberg that Councillor Palmer be granted an extension of time. |
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Upon being put to the meeting the Motion was declared lost. |
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For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin and Bennison (Total 6). Against the Motion were Councillors Palmer, Brent and Strassberg (Total 3). |
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Councillor Cheong declared a non pecuniary conflict of interest in the matter as it could potentially end up before the JRPP of which he is a member. He left the meeting at 9:19pm. |
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Upon being put to the meeting the Motion was declared carried. |
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For the Motion were Councillors Brooks-Horn, Gold, Hutchens, Karpin and Bennison (Total 5). Against the Motion were Councillors Palmer, Brent and Strassberg (Total 3). Absent was Councillor Cheong (Total 1). |
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The Foreshadowed Motion lapsed. |
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Councillor Cheong returned to the meeting at 9:22pm. |
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A Motion was moved by Councillors Brooks-Horn and Hutchens that:- 1. Council initiate a Meeting House Working Party consisting of three (3) councillors and appropriate Council staff to work out a mutually acceptable arrangement between Council and Meeting House for the running of the new Stoke Street Meeting House complex. 2. If a mutually acceptable arrangement can be reached between the Working Party and Meeting House that the Mayor and General Manager be delegated authority to enter into an agreement. 3. If no decision can be reached by 31 December 2012, authority be delegated to the Mayor and General Manger to call for tenders for the operation of the Centre. |
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Councillor Cheong returned to the meeting at 9:57pm. |
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Foreshadowed Motion A Foreshadowed Motion was moved by Councillors Palmer and Brent that Council proceed to Expressions of Interest for the provision of Childcare Centre being a 40 place Long Day Care Centre that would provide for eight (8) place for children 0-2 years, 14 places for 2-4 year olds and 18 places for 4-5 year olds. |
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Upon being put to the meeting the Motion was declared carried. |
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For the Motion were Councillors Brooks-Horn, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 7). Against the Motion were Councillors Palmer and Brent (Total 2). |
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The Foreshadowed Motion lapsed. |
Councillor Cheong reaffirmed his interest in the following item and left the meeting at 10:33pm.
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Contribution for Road Construction to service 316-322 Burns Bay Road, Lane Cove |
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RESOLVED on the motion of Councillors Brooks-Horn and Hutchens that:- 1. Council accept a contribution of $680,000 towards the construction of an access road across to service the development at 316-322 Burns Bay Road; and 2. Authority be granted to the Mayor and General Manager to execute the Deed. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8). Against the Motion was Nil (Total 0). |
Councillor Cheong returned to the meeting at 10:33pm.
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Nominations for Community Members on Council's Advisory Committees |
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RESOLVED on the motion of Councillors Brooks-Horn and Gold that:- 1. Council increase community representation on the Lane Cove Bicycle Advisory Committee from five (5) to six (6) representatives and the Bushland Management Advisory Committee from three (3) to four (4) representatives. 2. Council endorse the following nominations for Councils Advisory Committees:- a) Susan Loane, Russell Webber, Don Murchinson, Maggie Burke, Gavin Imhof and Rod Taylor be appointed as the community representatives for the Lane Cove Bicycle Advisory Committee. b) Ruth Neuman, Lynne McLoughlin, Frances Vissel and Graeme Pratt be appointed as the community representatives for the Bushland Management Advisory Committee. c) Rod Tudge, Pat Madson, Lyndall McNally, Sarah Balzer, Anthony Nolan, Marie James, Joy Archer, Shirin Kanji, Paul McGregor, Shideh Modabber, Susan Morrison and James Shevlin be appointed as the community representatives for the Cameraygal Festival Committee d) Chrissie Lloyd, Graham Ball, Bill McLaughlin, Kathy Elton, Anthony Nolan, Emily Patterson, Dr Anne Power, Kay Freedman, Margo Easton and Jonghee (Jo) Kim be appointed as community representatives for the Lane Cove Cultural Advisory Committee. e) Jane Blackmore, Sjirk Bangma, Paul McGregor, Christina Kim, Erin Cini and Anthony Melinz be appointed as the community representatives for the Sustainability Advisory Committee. 3. Council appoint 4 community representatives for the Lane Cove Access Committee, being Anthony Melinz, Kay Freedman, John Baxter and Mark Edward Twynam Horn. 4. All nominees be advised of Councils decision and thanks for their application. 5. Council review the Committee appointments annually. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
Councillor Brooks-Horn reaffirmed his interest in the following item and left the meeting at 10:49pm.
Councillor Brooks-Horn returned to the meeting at 10:51pm.
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RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that:- 1. Council adopt the Draft Annual Report at AT-1 for 2011/2012; 2. The adopted Annual Report be forwarded to the Minister for Local Government; and 3. The Annual Report be published on Council’s website. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Palmer and Brent that the meeting be extended for 30 minutes to 11:30pm. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:- 1. Council defer consideration of the matter until the December Council Meeting; and 2. A report be provided outlining the feasibility of a trial trapping program to determine the extent of any feral cat population in Reserves. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Palmer and Brent that Council:- 1. Write to the Department of Infrastructure and Planning, by 30 November 2012, to formally accept the Minister’s delegation to make Local Environmental Plans in accordance with the Minister’s letter received on 2 November 2012 and shown attached as AT-1. 2. Sub-delegate the plan-making responsibility to Mr Craig Wrightson, General Manager and advise the Department accordingly. 3. Write to the Minister seeking clarification on the changes to bushfire assessments, explaining our concerns in light of the Mowbray Precinct rezoning. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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Lane Cove Traffic Committee Meeting held Tuesday 23 October 2012 |
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RESOLVED on the motion of Councillors Brooks-Horn and Palmer that the recommendations of the Lane Cove Traffic Committee Meeting held on 23 October 2012 be adopted. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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LGSA Training - Effective Chair in Local Government and Dynamic Presentation Skills |
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RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council approve the attendance of the Mayor for two (2) training courses through Local Government Learning Solutions - Effective Chair in Local Government and Dynamic Presentation Skills. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
Officer Reports for Information
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council:- 1. Receive and note the report. 2. Contact appropriate authorities to determine what has been done to reduce the risk in these high risk areas and whether the risks have been effectively mitigated. 3. Contact Willoughby Council to determine what actions they have undertaken to ensure the back burning program occurs. 4. Distribute available bush fire safety information to residents within bushfire prone land on an annual basis. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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1st Quarter Review of the 2012-2013 Delivery Program & Operational Plan |
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RESOLVED on the motion of Councillors Karpin and Brooks-Horn that the 1st Quarter Review of the 2012-2013 Delivery Program and Operational Plan be received and noted. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council receive and note the report. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
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MAyoral Minute |
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SUBMISSION ON CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT |
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that with reference to the letter dated 9 November 2012 from Australian Local Government Association that:- 1. Council draft a submission and make a copy of this draft available to Councillors for comment one (1) week prior to the due date; and 2. The Mayor sign the submission and circulate a copy to Councillors. |
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For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9). Against the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 11:27pm.
Confirmed at the Ordinary Council Meeting of 3 December 2012, at which meeting the signature herein is subscribed.
MAYOR