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Minutes

Ordinary Council Meeting

15 July 2013, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


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

APOLOGIES 

Apologies were received on behalf of Councillor D. Karpin.

153

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).

 

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.

 

SUSPENSION OF STANDING ORDERS

154

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.

 

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

 

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.

 

RESUMPTION OF STANDING ORDERS

155

RESOLVED on the motion of Councillors Palmer and Bennison 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 - 17 JUNE 2013

156

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.

 

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

157

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.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Illuminated Advertising on Construction Site Cranes

158

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.   

 

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

159

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.

 

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 Report for Determination

 

Proposed Fee for Commercial Car Share in Lane Cove

160

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.

 

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

 

Amendment to Car Parking Requirements

161

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”

 

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 City Visit Hu Zhou City, China

162

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).

 

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

Against the Motion was Nil (Total 0).

 

Amendment of the Aboriginal Advisory Committee Charter

Procedural Motion

163

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the parts of the Motion be voted on ad seriatim.

 

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

Against the Motion was Nil (Total 0

 

164

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.”

 

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

Against the Motion was Nil (Total 0).

165

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.

 

For the Motion were Councillors Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 7).

Against the Motion was Councillor Palmer (Total 1).

166

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.

 

For the Motion were Councillors Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 7).

Against the Motion was Councillor Palmer (Total 1).

 


 

Plaza Committee

167

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.

 

For the Motion were Councillors Brooks-Horn, Brent, Cheong, Gold, Hutchens, Strassberg and Bennison (Total 7).

Against the Motion was Councillor Palmer (Total 1).

 

General Manager's Performance Agreement

168

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.

 

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

 

Dog Walking Companies in Lane Cove

 

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.

Extension of Time

169

RESOLVED on the motion of Councillors Brent and Bennison that an Extension of Time be granted to Councillor Palmer.

 

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

Against the Motion was Nil (Total 0).

 

 

 

 

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.

170

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

 

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).

 

The Foreshadowed Motion lapsed.

 

Review of Tree Preservation Controls

171

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;

  1. 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;
  2. Council receive a further report following the exhibition period to consider the results of the community consultation;
  3. 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
  4. The Leighton Greens species be prohibited from any future development application landscape plans.

 

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

Against the Motion was Nil (Total 0).

 


 

Works Schedule - Section 94 Plan

172

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

 

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

Against the Motion was Nil (Total 0).

 

Participation and Community Engagement (PACE) Program - Partnership with Macquarie University

173

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.

 

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

Against the Motion was Nil (Total 0).

 

Local Government NSW Conference 2013

Procedural Motion

174

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the following matter be voted on ad seriatim.

 

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

Against the Motion was Nil (Total 0).

 

175

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

o   Community Facilities

·         Social Services – Council work with the State Government to develop benchmarks for the following:-

o  Services for the aged

o  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.

 

Councillor Bennison left the meeting at 9:21pm

Councillor Bennison returned to the meeting at 9:23pm

 

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

Against the Motion was Nil (Total 0).

176

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.

 

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

Against the Motion was Nil (Total 0).

 

External Auditor Appointment for the period 1 July 2013 to 30 June 2019

177

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.

 

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 18 June 2013

178

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.

 

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

179

RESOLVED on the motion of Councillors Palmer and Brooks-Horn 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 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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