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Minutes

Ordinary Council Meeting

17 June 2013, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 17 June 2013

Minutes

 

PRESENT: Councillor S. Bennison (Chair), Councillor K. Brent, Councillor D. Brooks-Horn, Councillor S. Cheong, Councillor M. Gold, Councillor D. Hutchens, 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 and Governance Officer.

 

ACKNOWLEDGEMENT OF COUNTRY

Tyrell Freeman-Mafi of St Ignatius College, Riverview gave an acknowledgement of Country.

 

DECLARATIONS OF INTEREST:

 

Councillor Strassberg declared a non-pecuniary conflict of interest in Lane Cove West Public School Traffic Study - Drop-Off Activity on Cullen Street as he is parent at the school and Vice President of the P&C Association.  He indicated he would discuss and vote on the matter.

 

APOLOGIES 

Apologies be received on behalf of Councillor D. Karpin.

130

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

OPENING OF MEETING WITH PRAYER

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

 

SUSPENSION OF STANDING ORDERS

131

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, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Ian Biner of Burley Street Lane Cove expressing concerns on behalf of park users regarding the installation of fitness equipment at Stringybark Creek Reserve.

 

Robina Bonwick, President of the Lane Cove West Public School P & C Association regarding the traffic study recently undertaken commenting on the feasibility of a morning bus option, pedestrian crossing concerns, the proposed walking bus project, repositioning the current bus stop and the area encompassed within the 40km/hr speed zone.


 

RESUMPTION OF STANDING ORDERS

132

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, Strassberg and Bennison (Total 8).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 MAY 2013

133

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg that the minutes of the Ordinary Council meeting held on the 20 May 2013 be received and confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Memorandum of Understanding with St Ignatius College Riverview

134

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

  1. The Mayor and General Manager co-sign the Memorandum of Understanding with St Ignatius College, Riverview.
  2. With regard to the Committee that Council nominate the following:-

a)  The Mayor and Deputy Mayor;

b)  One (1) Councillor, Councillor Karpin;

c)  A representative from the Aboriginal Advisory Committee; and

d)  The General Manager and / or his representative.

  1. Councillor Karpin be thanked for initiating the Memorandum of Understanding.

 

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

Against the Motion was Nil (Total 0).

 

Suspension of Standing Orders

135

RESOLVED on the motion of Councillors Bennison and Brooks-Horn so that the Memorandum of Understanding may be signed.

 

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

Against the Motion was Nil (Total 0).

 


 

Resumption of Standing Orders

136

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

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

137

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that ‘Lane Cove West Public School Traffic Study - Drop-Off Activity on Cullen Street’ be brought forward and dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

 

Lane Cove West Public School Traffic Study - Drop-off Activity on Cullen Street

138

RESOLVED on the motion of Councillors Brent and Strassberg that:-

1.    Lane Cove West Public School be requested to conduct a survey, with the assistance of Council, to confirm the number of students that would commit to using the morning bus service.

2.    The following proposed changes be submitted to the Traffic Committee for consideration for a trial period of 6 months (or two [2] school terms):-

a)  Endorse the proposed changes to time-restricted parking in Cullen Street to be consistent with the operating hours of the school zone; and

b)  Endorse the proposed ‘No Stopping Zone’ opposite the School on Cullen Street and at the same time providing additional drop off spaces on the school side of Cullen Street.

3.    Council request the Roads and Maritime Services and Transurban to consider funding a pilot project with a paid ‘Walking Bus Driver’, and Chatswood Area Command be requested to consider providing staff to assist.

4.    Council work with Lane Cove West Public School to improve the route and scheduling of the school bus to ensure it meets the demand of the school student population.

5.    The Traffic Committee review:-

a)  The area included within the 40km/hr school zone especially with respect to Banksia Close and Wood Street; and

b)  The pedestrian crossings at Centennial Avenue, Barwon Road and Hallam Avenue, and Beatrice Street and Burns Bay Road.

 

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

Against the Motion was Nil (Total 0).

 


Officer Reports for Determination

 

Local Government Reforms - Sansom Review

139

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

1.    Receive and note the report;

2.    Endorse the resolutions of the Mayors Meeting on 29 May 2013; and

3.    Give authority to the Mayor and General Manager to finalise a submission on the Independent Local Government Review Panel’s consultation paper, subject to:-

a)      Circulating the submission to Councillors for any feedback a week prior to the closing date; and

b)      The following changes:-

i)          Council oppose the oversight of financial audits by the Auditor General;

ii)         Reinforce its support by outlining the likely reasons for breakdown in the Mayor and General Manager relations being the:-

·                Inexperience of Mayors and Councillors; and

·                Lack of expertise on behalf of the councillors in their recruitment and / or management of General Managers;

and requesting the DLG to intervene at an earlier stage.

iii)    Council support a system to better fund councils that have high tourist activity.

 

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

Against the Motion was Nil (Total 0).

 

Marshall Precinct Draft DCP

140

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

1.    Council adopt the Draft DCP (AT-1) dated 11 June 2013, for the purpose of community consultation for 6 weeks in accordance with the consultation strategy outlined in the report for the area bound by Marshall Avenue to the south, Pacific Highway to the north, the rail line to the east and Berry Road to the west. 

2.    Following exhibition of the Draft DCP, a report come back to Council on the results of the consultation.

 

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

Against the Motion was Nil (Total 0).

 


 

NSW White Paper

141

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

1.    Council endorse the Report’s comments as the core submission to the Department of Planning and Infrastructure on the NSW White Paper.

2.    The Mayor and General Manager review any further community submissions received for consideration for the final submission to the White Paper.

3.  The following amendments be made to the submission:-

a)    Point 21 be amended to refer only to residential flat buildings;

b)    Point 10 be expanded to include heritage properties and Heritage Conservation Areas;

c)    Point 17 ensure public confidence is maximised in lieu of public safety;

d)    Point 25 works in kind to be retained as a section 94 contribution method;

e)    Council indicate its support for ensuring the inclusion of school infrastructure in Sub Regional Delivery Plans and / or Growth Infrastructure Plans; and

f)     Council supports voluntary planning agreements

4.   Council write to the Minister of Planning requesting a meeting with Uncle Max Harrison, member of Council’s Aboriginal Advisory Committee, to discuss impacts on aboriginal heritage that the White Paper will have. 

5.   Council thank the Minister of Planning for his attendance and participation in the meeting held with Councillors and Council staff on 13 June 2013.

6.   Council request of the Minister that two (2) storey dwellings be assessed under the merit system and not the complying development or code assessable tracks, if the Council complies with the following conditions:-

a)    Achieve satisfactory standard of complying or code assessable developments (e.g. 70% or greater) through an annual performance assessment; and

b)    That they have an IHAP that determines applications.

 

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

Against the Motion was Nil (Total 0).

 

Referendum on Constitutional Recognition

142

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

1.    Council promote the case for support of constitutional recognition of local government over the next three (3) months in the Quarterly Newsletter, the Mayor’s Column, on Council’s website and any other relevant publications, as well as at appropriate forums.

2.    The Mayor write to local Federal Members of Parliament seeking their support for the passing of the Constitution Alteration (Local Government) Bill 2013.

 

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

Against the Motion was Nil (Total 0).

 


 

A New Local Government Act for NSW

143

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council make a submission on the discussion paper “A New Local Government Act for NSW” based on the comments included in this report subject to further clarification from the Local Government Acts Taskforce regarding the meaning of the reference “people have fairer access to the economic resources and services essential to meet their basic needs and to improve their quality of life…” shown under the Community Consultation and Engagement proposal.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

144

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the previous item ‘A New Local Government Act for NSW’ be recommitted for further consideration.

 

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

Against the Motion was Nil (Total 0).

 

A New Local Government Act for NSW

145

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council make a submission on the discussion paper “A New Local Government Act for NSW” based on the comments included in this report subject to:-

1.   Further clarification from the Local Government Acts Taskforce regarding the meaning of the reference “people have fairer access to the economic resources and services essential to meet their basic needs and to improve their quality of life…” shown under the Community Consultation and Engagement proposal.

2.   In relation to the disposal of public land, that the requirement for a public inquiry be limited to the disposal of land that has not recently been the subject of a rezoning process by the council.

 

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

Against the Motion was Nil (Total 0).

 

Sister Cities Policy

146

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council not pay any expenses for Councillors related to an overseas Sister City visit unless:-

1.  There is a justifiable and measurable social or economic benefit to Lane Cove; and

2. The Division of Local Government Guidelines on the Provision of Facilities and Payment of Expenses to Mayors and councillors and related Council policies are met for transparency purposes.

 

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

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

 


 

Revised Tender for Access Road Across 304-314 Burns Bay Road

147

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

1.    Council accept the Tender from Talis Civil Pty Ltd for an amount of $2,661,264 (inclusive of GST) for the provision of the access road across 304-314 Burns Bay Road.

2.    The General Manager be authorised to enter into a contract with Talis Civil Pty Ltd.

3.    Having regard to points 1 and 2 (above) and the operation of Clause 5.10 of the NPWC3 General Conditions of Contract (Contract), Council execute a Deed of Guarantee under seal, by way of additional security, for the performance of the Contract.

 

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

Against the Motion was Nil (Total 0).

 

Tender for Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road

148

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

1.    The tender for the provision of Supply and Installation of Traffic Signals at Mowbray Road, Ralston Street and Beaconsfield Road be awarded to Corrigan Electrics for an amount of $311,300 (including GST); and

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

 

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

Against the Motion was Nil (Total 0).

 

Organisational Structure

149

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

1.    Re-determine the organisational structure as detailed in Attachment 1; and

2.    Determine the positions of Executive Manager, Open Space & Urban Services; Human Services; Environmental Services and Corporate Services as senior staff positions within the organisational structure.

 

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

Against the Motion was Nil (Total 0).

 


 

Kindy Cove Child Care Centre National Quality Framework Assessment

150

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

1.    Receive and note this Report;

2.    Notes the receipt of an Exceeding National Quality Standard of rating at Kindy Cove Child Care Centre; and

3.    Write to all the staff at Kindy Cove and congratulate them on the excellent result achieved.

 

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

Against the Motion was Nil (Total 0).

 

Lane Cove Traffic Committee Meeting held on Tuesday 21 May 2013

151

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 21 May 2013.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Council Snapshot

152

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

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:45pm.

 

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

 

 

MAYOR

 

 

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