Ordinary Council 15 July 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.
DECLARATIONS OF INTEREST: Nil
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APOLOGIES
Apologies were received on behalf
of Councillor D. Karpin.
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153
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RESOLVED
on the motion of Councillors Brooks-Horn and Bennison that the apology be
accepted and leave of absence be granted.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Steven Pym of Greenwich
Presbyterian 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.
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SUSPENSION
OF STANDING ORDERS
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154
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RESOLVED
on the motion of Councillors Bennison and Palmer 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.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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PUBLIC
FORUM
Jack Winning of Lane Cove North, supporting the Notice of
Motion to limit illuminating signage on cranes within the Mowbray Precinct.
Sjirk Bangma of Lane Cove North, expressing support for the
Go Get Car Share Scheme and requesting Council not charge any additional fees
above those of other Council areas for these services.
Ann Proudfoot of the Lane Cove Sustainability Action Group,
supporting the car share scheme concept and requesting Council not charge any
additional fees above those of other Council areas for these services and
supporting the Notice of Motion to limit illuminating signage on cranes within
the Mowbray Precinct.
Jennifer Schneller of Upper Cliff Rd Northwood, expressing
concerns regarding the proposed rezoning of the Northwood Centre, highlighting
the inaccuracy of information presented for community consultation.
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RESUMPTION
OF STANDING ORDERS
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155
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RESOLVED on the motion of
Councillors Palmer and Bennison that Standing Orders be resumed.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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CONFIRMATION
OF MINUTES OF ORDINARY COUNCIL MEETING - 17 JUNE 2013
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156
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RESOLVED
on the motion of Councillors Brooks-Horn and Gold that the minutes of the
Ordinary Council meeting held on the 17 June 2013 be received and confirmed
subject to the amendment of the Declaration of Interests to reflect that Councillor
Strassberg declared a non significant non pecuniary interest.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Procedural Motion
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157
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RESOLVED
on the motion of Councillors Bennison and Brooks-Horn that Illuminated
Advertising on Construction Site Cranes be brought forward and dealt with as
the next item.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Notices of Motion
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Illuminated Advertising on Construction Site
Cranes
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158
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RESOLVED on the motion of Councillors Strassberg and Palmer that no
illuminated signage be permitted on any crane or
machinery that is operating on a construction site and any signage on a crane
or machinery be the subject of a development application.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Procedural Motion
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159
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RESOLVED
on the motion of Councillors Bennison and Brooks-Horn that the Proposed
Fee for Commercial Car Share in Lane Cove be brought forward and dealt with
as the next item.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Officer Report
for Determination
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Proposed Fee for Commercial Car Share in
Lane Cove
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160
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RESOLVED on the motion of Councillors Brooks-Horn and Hutchens that:-
1. Council continue to support Car Share schemes in Lane Cove,
particularly as a means to reduce the net demand for on-street residential
parking;
2. Council charge the operators of Car Share schemes an
administration fee of $500 per year for every new and existing car space installed
in Lane Cove and that the ongoing annual fee be funded through Council’s
Sustainability Levy; and
3. All other funding arrangements in relation to Car Share
spaces remain the same.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Mayoral Minutes
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Amendment to Car Parking Requirements
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161
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:-
1. Council make the following amendments to the Development
Control Plan (DCP)”-
·
Part D, Clause 1.4.2 Car Parking – Commercial
in all other areas, remove “(III) Restaurants – 1 space per 4 seats”, and
amend the description of (I) to, “Retail/Restaurants/Commercial Uses – 1
space per 40m2 of gross floor area”.
2. Council undertake the necessary public consultation to
implement the proposed changes to the Development Control Plan.
3. A report regarding the proposed State Government policy
changes in relation to how they could affect the following amendment be
prepared for Council:-
·
Part C, Clause 3.12 a) - Number of Car
Parking, Motorcycle and Bicycle Spaces, be amended to “II. 1 bedroom dwelling
= 1.5 spaces”
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Sister City Visit Hu Zhou City, China
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162
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that in response to this letter that:-
1. Council write a letter of thanks to the Mayor of Hu Zhou City
and include a copy of our recent promotional DVD for Lane Cove translated
into Mandarin;
2. Council ask the Lane Cove Chamber of Commerce to assist
Council in determining if there are any businesses in the Lane Cove LGA that
may be interested in forming a delegation to visit Hu Zhou City; and
3. The General Manager report back to Council at the October
meeting in regards to point 2 (above).
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Amendment of the Aboriginal Advisory
Committee Charter
Procedural Motion
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163
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RESOLVED
on the motion of Councillors Bennison and Brooks-Horn that the parts of
the Motion be voted on ad seriatim.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0
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164
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that in order to remove any doubt I move that:-
1. Clause 4c) of the Charter of the
Aboriginal Advisory Committee be amended to read:-
“To provide
input into Council’s wider community and cultural services planning for
NAIDOC week celebrations, Guringai and Cameraygal Festivals and other
community events, including responsibility for the Aboriginal component of
Council’s Citizenship Ceremony, including attendance and/or participation in
the ceremony.”
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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165
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that in order to remove any doubt I move that:-
2. The
General Manager organise, in consultation with the interim Chair of the
Committee, the Aboriginal component of Council’s Citizenship Ceremonies until
the Aboriginal Advisory Committee has had opportunity to consider the matter.
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For the Motion were Councillors
Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 7).
Against the Motion was Councillor Palmer (Total 1).
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166
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:-
3. The General Manager circulate an email consulting with the
members of the Advisory Committee and ask for a response ASAP with regard to
the decisions made by Council and to confirm their support of the interim Chairperson’s
decision.
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For the Motion were Councillors
Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 7).
Against the Motion was Councillor Palmer (Total 1).
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Plaza Committee
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167
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RESOLVED on the motion of Councillors Bennison and Brent that:-
1. A Plaza Working Party be formed to consult on the Plaza
upgrade;
2. Councillors Bennison, Brooks-Horn, Cheong, Hutchens and Brent
be appointed to the Working Party with Councillor Strassberg as an alternate;
and
3. The objectives of the Working Party be to consult with
Council officers and respective shops in the Plaza area for the purpose of
finalising plans for consideration at Council’s next workshop and subsequent
Council Meeting.
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For the Motion were Councillors
Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total
7).
Against the Motion was Councillor Palmer (Total 1).
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General Manager's Performance Agreement
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168
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the Committee to undertake the General Manager’s performance
assessments be the Mayor, Deputy Mayor, Councillor Karpin and Councillor
Brent.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Officer Reports for Determination
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Dog Walking Companies in Lane Cove
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MOTION
A Motion was
moved by Councillors Hutchens and Brooks-Horn that Council:-
1. Endorse
the Draft Policy on the Use of Public Open Space by Commercial Dog Walking
Businesses dated 8 July 2013 and shown attached as AT-1, for the
purpose of public exhibition subject to Commercial Dog Walking Businesses
being prohibited on Kingsford Smith Oval;
2. Place
the Draft Policy on the Use of Public Open Space by Commercial Dog Walking
Businesses on public exhibition for 6 weeks and community consultation take
place in accordance with the consultation strategy outlined in this report;
3. Receive
a further report following the exhibition period to consider the results of
the community consultation; and
4. Develop
a plan to create a separate leash free dog exercise area for commercial dog
walking / training businesses at a suitable location.
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Extension of Time
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169
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RESOLVED on
the motion of Councillors Brent and Bennison that an Extension of Time
be granted to Councillor Palmer.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Foreshadowed Motion
A Foreshadowed Motion was moved
by Councillors Palmer and Brent that Council:-
1. Provide
more enforcement under the Companion Animals Act particularly in leash free
areas;
2. Conduct
an education campaign;
3. Provide
new signage at leash free areas reminding all users about the maximum number
of dogs permitted and that it is an offence to not clean up after their
animals; and
4. Develop
a plan to create a separate leash free dog exercise area for commercial dog
walking / training businesses at a suitable location.
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170
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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 and Bennison (Total 5).
Against the Motion were Councillors Palmer, Brent, and
Strassberg (Total 3).
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The Foreshadowed Motion lapsed.
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Review of Tree Preservation Controls
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171
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:-
1.
Council endorse the proposed amended Tree
Preservation Controls dated June 2013, shown attached as AT-1 for the
purposes of public exhibition, subject to the following change;
i. An additional provision for the removal of a
tree in the following special circumstances:-
a. Where a Medical Doctor who specialises in
allergies provides Council with a letter stating that the tree that the
application relates to, significantly impacts on the residents health, and
provided the applicant agrees to replace the tree with an appropriate
indigenous tree or the like (to Council’s satisfaction) on the applicant’s
premises.
2.
Staff report back to Council in 12 months regarding the impact of the
special circumstance on the Tree Policy;
- Council place
the Proposed Amended Tree Preservation Controls on public exhibition for
6 weeks and community consultation take place in accordance with the
consultation strategy outlined in this report;
- Council receive
a further report following the exhibition period to consider the results
of the community consultation;
- Council engage
an independent arborist, to act as an arbitrator in tree matters where
aggrieved residents are not satisfied with Council’s assessment. Costs
would be initially shared on a 50/50 basis between the parties; and
- The Leighton
Greens species be prohibited from any future development application
landscape plans.
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For the Motion
were Councillors Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens,
Strassberg and Bennison (Total 8).
Against the Motion was Nil (Total 0).
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Works Schedule - Section 94 Plan
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172
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RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Council:-
1. Endorse the draft Works Schedule for the Section 94
Contributions Plan attached as AT-1 for the purposes of public
exhibition;
2. Place the
draft Works Schedule for the Section 94 Contributions Plan on public exhibition for 6 weeks and community consultation take
place in accordance with the consultation strategy outlined in this report; and
3. Receive a further report following the exhibition period to
consider the results of the community consultation
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Participation and Community Engagement
(PACE) Program - Partnership with Macquarie University
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173
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RESOLVED on the motion of Councillors Brent and Palmer that Council:-
1. Enter
into a five (5) year Partnership Agreement with Macquarie University with
work placements commencing from August 2013, and the General Manager be
authorised to finalise the wording and sign the Agreement; and
2. Receive
a report in November 2014 on the progress of the Program and project
outcomes.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Local Government NSW Conference 2013
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Procedural Motion
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174
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RESOLVED
on the motion of Councillors Bennison and Brooks-Horn that the following
matter be voted on ad seriatim.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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175
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that:-
1. Motions regarding the following top issues affecting the Lane
Cove community to be submitted for discussion at the Local Government NSW
Annual Conference on 1-3 October 2013.
·
Infrastructure –
o
Section 94 - ensure that an essential
component of planning for all residential / employment area developments is
an assessment of the infrastructure requirements and a plan to provide
o
Traffic and Transport – community bus
services
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Community Facilities
·
Social Services – Council work with the
State Government to develop benchmarks for the following:-
o
Services for the aged
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Services for youth
·
Waste – Container Deposit Legislation
·
Schools – ensure that an essential component
of planning for all residential / employment area developments is an
assessment of the school facility requirements and a plan to provide them.
·
Review of rating system – equitable rating
system with regards to Multiple Occupancy Dwellings.
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Councillor
Bennison left the meeting at 9:21pm
Councillor
Bennison returned to the meeting at 9:23pm
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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176
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RESOLVED on the motion of Councillors Brooks-Horn and Bennison that:-
2. Councillor Bennison, Brooks-Horn, Karpin and Cheong be Council’s
four (4) voting delegates, with Councillor Palmer as an alternate, and all
available Councillors be authorised to attend the Conference.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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External Auditor Appointment for the period
1 July 2013 to 30 June 2019
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177
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RESOLVED on the motion of Councillors Palmer and Brooks-Horn that:-
1. Pursuant to Section 422
of the Local Government Act, 1993, PriceWaterhouseCoopers be appointed as
Council's auditor for the period 1 July 2013 to 30 June 2019.
2. The audit fee for the
first twelve months of the contract be set at $35,000 exclusive of GST
(noting that should at least 3 of the councils in the Group appoint
PriceWaterhouseCoopers, this price will reduce to $31,500 exclusive of GST).
3. The General Manager be
authorised to enter into a contract with PriceWaterhouseCoopers.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Lane Cove Traffic Committee Meeting held on
Tuesday 18 June 2013
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178
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RESOLVED on the motion of Councillors
Palmer and Brent that Council adopt the recommendations of the Lane Cove
Traffic Committee meeting held on Tuesday, 18 June 2013.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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Officer Reports for Information
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Council Snapshot
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179
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RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Council receive and note the report.
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For the Motion were Councillors
Brooks-Horn, Palmer, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison
(Total 8).
Against the Motion was Nil (Total 0).
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CLOSE
The meeting closed at 9:31pm.
Confirmed at the Ordinary Council
Meeting of 19 August 2013, at which meeting the signature herein is subscribed.
MAYOR
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