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Minutes

Ordinary Council Meeting

18 March 2013, 7.00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 March 2013

Minutes

 

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, Director – Major Projects, Manager – Strategic Planning and Manager – Governance.

 

DECLARATIONS OF INTEREST:

 

Councillor Cheong declared a non-pecuniary conflict of interest in “1-25 Marshall Avenue, St Leonards Planning Proposal – Finalisation” as he is a member of the JRPP and has considered Development Applications in relation to Marshall Avenue.  He indicated he would leave the meeting and not discuss or vote on the matter.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Eric Percival from Greenwich Anglican Church.

 

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

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:

 

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.

 

Senior Staff Contracts

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

34

RESOLVED on the motion of Councillors Bennison and Brooks-Horn 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 Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6.50pm.  The public and media left the chamber.

 

Open Council resumed at 7pm.  The public and media were invited into the chamber.

 

SUSPENSION OF STANDING ORDERS

35

RESOLVED on the motion of Councillors Bennison and Brooks-Horn 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 Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Erin Neary of Gordon Crescent, Lane Cove North in support of report titled “Mowbray Road Precinct Building Hours”.

John Leung of Haughton Street, Linley Point in relation to building work at 8 Haughton St, Linley Point.

Wendy Stamp of the St Leonards Wollstonecraft Community Group, in relation to Planning Proposal for Marshall Avenue, St Leonards

Peter Carroll of Seville Street, Lane Cove in relation to recent amendments to smoking policy.

Sue Pinckham of George Street, Hornsby and a member of  Lane Cove Residents for Reconciliation, in relation to the Aboriginal Advisory Committee.

Ann Proudfoot of Elizabeth Parade, Lane Cove in relation to Mowbray Precinct Building Hours.

Darlene Hoskins-Mackenzie in relation to the Aboriginal Advisory Committee.

Sean Macken representing 2 Pacific Highway, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Michelle Lovegrove of Wade Street, Putney and a member of Lane Cove Residents for Reconciliation, in relation to theAboriginal Advisory Committee.

Kerrie McKenzie of Bridge Street, Lane Cove and Co-Covenor of Lane Cove Residents for Reconciliation in relation to the Aboriginal Advisory Committee.

Joanna Atkins of Elizabeth Parade, Lane Cove in relation to Mowbray Precinct Building Hours and parking in Elizabeth Parade.

Peter Clug in relation to Planning Proposal for Marshall Avenue, St Leonards.

Jack Winning of Willandra Street, Lane Cove North in support of the report on Building Hours.

Michelle Simos of Campbell Street, Lane Cove regarding the impact of developments on schools.

Doug Stuart of RASAD in relation to the ‘Review of Lane Cove Alive Leadership Group’ and ‘Entertainment in the Plaza’.

Isabelle McInnes of Johnston Crescent, Lane Cove North in relation to Mowbray Precinct Building Hours.

Randy Brophy of Duntroon Avenue, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Albert Dugan of Berry Road, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Peter McConaghy – Holdsworth Avenue, St Leonards - in relation to Planning Proposal for Marshall Avenue, St Leonards.

Pru Quinlan of Canberra Avenue, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Tony Wright of Canberra Avenue, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Andrew Britt of Tantallon Road, Lane Cove North in relation to Mowbray Precinct Building Hours.

Frances Vissell of the Stringybark Creek Residents Association in relation to Mowbray Precinct Building Hours.

James Gardiner of Canberra Avenue, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

Mark Hughes of Holdsworth Avenue, St Leonards in relation to Planning Proposal for Marshall Avenue, St Leonards.

 

RESUMPTION OF STANDING ORDERS

36

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Standing Orders be resumed.

 

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).

 


Confidential Items

 

The General Manger read the recommendations of the items considered in Closed Committee prior to Council’s consideration:-

 

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.

37

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that it be noted the General Manager consulted with Council in relation to this senior staff matter.

 

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).

 

Senior Staff Contracts

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.

38

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

 

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).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 FEBRUARY 2013

39

RESOLVED on the motion of Councillors Karpin and Gold that the minutes of the Ordinary Council meeting held on the 18 February 2013 be received and confirmed.

 

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).

 

Procedural Motion

40

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the following reports be brought forward and dealt with as the next items:-

  • ‘Mowbray Road Precinct Building Hours’
  • ‘1-25 Marshall Avenue, St Leonards Planning Proposal – Finalisation’

 

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).

 


 

Mowbray Road Precinct Building Hours

41

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

  1. Council receive and note the report.
  2. Saturday working hours for construction work only be 8am-12noon and keeping the current restrictions of no excavation, haulage truck movements, rock picking, sawing or jack hammering to be undertaken and the failure to comply resulting in a breach of consent PIN and no work be undertaken on Sundays or Public Holidays.
  3. The change apply to all multi unit developments in the Lane Cove area.
  4. A further report be provided clarifying these matters.

 

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 Cheong left the meeting.

 

Officer Reports for Determination

 

1-25 Marshall Avenue, St Leonards Planning Proposal - Finalisation

 

MOTION

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

1.   Not proceed with the Planning Proposal for 1-25 Marshall Avenue, St Leonards and thereby retain the current controls over the site.

2.   Continue with the St Leonards Masterplan and include 1-25 Marshall Avenue development in this plan.

 

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.

  1. The Department of Planning & Infrastructure be requested to finalise the Planning Proposal LEP Amendments.
  2. Development Control Plan amendments be prepared in an appropriate timeframe supporting the finalisation of the LEP amendments for the subject site.
  3. The Mowbray Precinct Working Party Liaison Committee be involved in the development of the DCP.
  4. Council initiate discussions with the Developer regarding the possibility of entering into a VPA to enhance the public domain in the vicinity of the site.
  5. Council maintain a 9.5m height limit for the first 7.5m setback of the site from Marshall Avenue.

 

 

 

 

Extension of Time

42

RESOLVED on the motion of Councillors Gold and Hutchens that Councillor Brooks-Horn be given an extension of one minute.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

 

Councillor Palmer withdrew the Foreshadowed Motion.

43

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

 

For the Motion were Councillors Brooks-Horn, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 6).

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

Absent was Councillor Cheong (Total 1).

 

Matter Arising

REPRESENTATIONS TO THE STATE GOVERNMENT REGARDING PLANNING

44

RESOLVED on the motion of Councillors Karpin and Brooks-Horn that in regard to Development Proposals, Council make strong representations to the State Government that:-

1.    They coordinate their inner city Population Policies with actions that ensure there is adequate Educational, Transport, and Social Infrastructure and ensure improvements in environmental quality are planned appropriately; and

2.    Recommend the Marshall Avenue Proposal as a Case Study to illustrate these issues and problems.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

Councillor Cheong returned to the meeting.

Mayoral Minutes

 

Review of Lane Cove Alive Leadership Group

45

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

1.    Review its Lane Cove Alive Strategic Plan and update the Plan to take into account new and proposed development in the area;

2.    Review LCALG operations, structure and goals to ensure that they align with Council’s Strategic Plan for the area;

3.    Review LCALG to compare the operations, projects and outcomes of Lane Cove Alive with their original Strategic Plan objectives and actions;

4.    Receive a further report after the completion of the Review including the recommendations of the Review; and

5.    Consider the Terms of Reference for the Review at a Councillors workshop.

 

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 Karpin left the meeting.

Entertainment in the Plaza

46

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the General Manager provide a report back to Council regarding the broadcasting of live sporting and other events in Lane Cove Plaza.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Karpin (Total 1).

 

Notices of Motion

 

Christmas Lighting Street Competition

47

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that the General Manager provide a report back to Council on the suitability of having a Christmas Lighting Street Competition for those residents that may be interested in participating.

 

For the Motion were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

Absent was Councillor Karpin (Total 1).

Councillor Karpin returned to the meeting.

Tender for the Lease and Operation of the Child Care Centre at 23-25 Stokes Street, Lane Cove North

48

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

1.   The tender of Montessori Academy be accepted; and

2.   The General Manager be authorised to enter into a contract with them.

 

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).

 

Meeting House Redevelopment - Sale of Residential Units

49

RESOLVED on the motion of Councillors Strassberg and Gold that Council:-

1.    Receive and note the market valuations for the six (6) residential units within the Meeting House Redevelopment;

2.    Agree to the sale of the units by auction with the reserve price set at the market valuations provided by Chaloner valuations;

3.    Authorise the General Manager or his nominee, to enter into negotiations with the highest bidder or altered sale strategy to a maximum of 10% below the market valuation in the event that the units are not sold at auction;

4.    Authorise the General Manager to execute the Stratum and Strata subdivision plans, Building Management Statement, the sale contracts, and any other necessary documentation; and  

5.    Authorise the Mayor and the General Manager to attach the Seal of Council to related documents when and if required.

 

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).

 

2013-2016 Draft Budget and 2013-2017 Delivery Program and Operational Plan

50

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

1.    Subject to Part 4 and 5 of this resolution, Council adopt for the purpose of public exhibition, the 2013-2016 Draft Budget, 2013-14 Draft Fees and Charges, 2013-2017 Draft Delivery Program (Incorporating Operational Plan), Amended Community Strategic Plan, Lane Cove 2025 and 2013 Update of the Long Term Financial Plan.

2.    Council proceed to public exhibition as per the consultation strategy outlined in the report.

3.    Following public exhibition, the Draft Budget, Draft Fees and Charges, Draft Delivery Program (Incorporating Operational Plan), Amended Community Strategic Plan, Lane Cove 2025 and 2013 Update of the Long Term Financial Plan together with any submissions received, be considered at the Council meeting to be held on 20 May 2013.

4.    Council purchase five (5), two year subscriptions for the Koori Mail, to be distributed to local cafes by increasing by $500 the Community Newsletters account, in the 2013-2016 Budget.

5.    A fee, being the commercial rate detailed in a previous report to Council of $1850 (excl. GST), for the car parking spaces used by car share companies be included in the 2013-2014 Draft Fees and Charges and the revenue from this fee be used to increase the funds available in the 2013-2016 Budget for the Cameraygal Festival by $5000.

 

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).

 

Nominations for Community Members on Council's Advisory Committees

51

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

1.    Council increase community representation on the Mowbray Precinct Working Party from five (5) to eight (8) community representatives for a period of 12 months, with the community representation to be reviewed annually.

2.    Council endorse the following nominees from the Council Selection Committee for Council’s Advisory Committees:-  

a)    Bridget Kennedy, Avron Greenberg, Melissa McElhone and Jayne Whitford be appointed as the community representatives for the Lane Cove Public Art Advisory Committee;

b)    Guy Hallowes, Deborah Hill, Ann Proudfoot, Mark Joyner, Kylie Bryden-Smith,  Frances Vissel, Brian McDonald and Elizabeth McDougal be appointed as the community representatives for the Mowbray Precinct Working Party; and

c)    Ted Merewether and Andrew Zbik be appointed as the community representatives for the Lane Cove Recreation Precinct Liaison Advisory Committee.

3.    All nominees be advised of Councils decision.

4.    It be noted the Mowbray Precinct Working Party is not to be engaged in strategic planning issues such as rezonings.

 

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).

 

Conduct Review Committee - Appointment of Panel Members

52

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council endorse the following NSROC Panel of Conduct Reviewers to investigate Code of Conduct complaints:-

1.     Cripps Consulting - Alison Cripps;

2.     DMB Independent Consultants – David Madden;

3.     GVK Consulting – Wendy Klassen;

4.     Elayne Hayes;

5.     Frances Howatt;

6.     IAB Group - Shane Boyd;

7.     Inconsult –Mitchell Morley;

8.     JBSA – Julie Baker Smith;

9.     John Kleem Consulting;

10.   LKA Group – Andrew Hedges and Graham Evans and multiple officers;

11.   Mandel and Associates – Duane Mandel and Cassandra Budgen;

12.   Mediate Today – Robert and Lorraine Lopich;

13.   Shaw Reynolds Lawyers – Chris Shaw;

14.   Sinc Solutions – Kath Roach;

15.   Annette Simpson;

16.   SRS Solutions – Rob Ryan; and

17.   Train Reaction Pty Ltd - Kathy Thane.

 

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).

 

Draft Investment Policy

53

RESOLVED on the motion of Councillors Palmer and Brent that the Draft Investment Policy dated 18 March 2013 be endorsed and added to Council’s Policy Manual.

 

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).

 

Lane Cove Traffic Committee Meeting held on Tuesday 19 February 2013

54

RESOLVED on the motion of Councillors Strassberg and Brent that

  1. That Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 19 February 2013 with the exception of item Y5.
  2. That item “Y5 – Elizabeth Parade, Lane Cove North, Extension of No Parking Zone” be referred to the Mowbray Precinct Working Party for comment prior to going back to the Traffic Committee.

 

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).

 


 

LEP: Heritage Finalisation

55

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

1.    Council, in relation to Planning Proposal 9 – Heritage:-

a)    Adopt the following items for submission for final notification by the Department:-

i)     Addition of the following Heritage Items to the LEP Heritage Schedule:-

·           39 George Street (Federation dwelling);

·           Manns Point Reserve (Archaeology/ Bond store/ Wharf/ Quarry);

·           109 Northwood Rd (Late Victorian style dwelling);

·           33 Upper Cliff Rd / 35-47 Cliff Rd (Stone fences);

·           40A Upper Cliff Rd (Modern dwelling);

·           62 Cliff Rd (Federation dwelling);

·           1A Birriwa Place (Federation dwelling);

·           4 James St (Californian bungalow - Murcutt extension);

·           2 Upper Cliff Rd (Streetscape element - wall only);

·           4 Upper Cliff Rd (Streetscape element - wall only);

·           Kelly’s Esplanade (Road/ path stone features);

·           4 Amalfi Place (Federation outbuilding);

·           45 Parklands Avenue (Streetscape element - wall only); and

·           Lane Cove Village (Cenotaph & War Memorial)

ii)    Removal of the following Heritage Items from LEP Heritage Register:-

·           31,33,35 Longueville Rd to be removed.

b)    Edit the LEP text and maps as required to reflect updated item numbers, street addresses and similar matters.

2.   A further report be submitted to Council on the Lloyd Rees Bandstand at the conclusion of the Plaza upgrade.

3.   A further report be received on  34, 38-44 Lower Serpentine Road seawall.

 

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 Strassberg left during discussion of this matter.

 

Councillor Strassberg returned during discussion of this matter.

 

DCP Amendment 5: Part F - Access & Mobility Finalisation

56

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Council adopt Development Control Plan Draft Amendment 5 – Part F Access and Mobility dated 6 February 2013 and shown attached as AT-1, to take effect as soon as is practicable.

 

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

 

Council Snapshot

57

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

 

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 10.03pm.

 

Confirmed at the Ordinary Council Meeting of Monday 15 April 2013, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********