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Minutes

Ordinary Council Meeting

2 December 2013; 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 2 December 2013

Minutes

 

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

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Simon Ambler of Christian City Church.

 

DECLARATIONS OF INTEREST:

Councillor Bennison declared non pecuniary conflicts of interest that are not significant in the following two (2) matters:-

Councillor Bennison also clarified his declaration of interest declared at the previous Council meeting of 18 November 2013.  He apologised to Council for not following normal Council protocol by declaring an interest at the start of the meeting in relation to the matter regarding Lane Cove Plaza – Stage 2 upgrade works. He stated that the error was due to jet lag and noted that he declared a non pecuniary interest that is not significant, as the proposal will benefit a number of businesses in the Plaza not just his client and the proposal is still in the planning phase.

 

Councillor Brooks-Horn declared a pecuniary conflict of interest in ‘Potential Sale Of Closed Road Lot - Formerly Friedlander Place’ as the land is located next to a building owned by Leightons, the company his partner works for.  He indicated he would not participate in discussion or vote on the matter.  He also declared a non pecuniary conflict of interest in ‘Update on Proposed Redevelopment of Rosenthal Car Park Site as he is Director of the Lane Cove Club located across the street from the site.  He indicated he would participate in discussion and vote on the matter.  

 

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

312

RESOLVED on the motion of Councillors Palmer and Cheong 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 (3) minutes.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 


PUBLIC FORUM

Alyson Hayes of Riverview, supporting amendments to the bike plan and Council’s recent decision regarding Pottery Green and requesting Council consider local school Curembeena prior to making a decision on the proposal to rezone 266 Longueville Road.

Lucy Fisher of Riverview requesting no bike paths through local bushland and that Council not build units at 266 Longueville Road and not remove trees from Lane Cove Plaza.

John May of Greenwich congratulating Council on the review of the bike plan, objecting to bicycle paths through local bushland and urging Council to adopt the recommendation of the report.

Ted Nixon of Greenwich objecting to the development of bicycle paths through local bushland and requesting Council to adopt the recommendation of the report.

Ray Kearney of Lane Cove West expressing concerns regarding Route 2 of the bike plan specifically the impact on the ecological community and urging Council to adopt the recommendation of the report.

Rick d’Amico objecting to bicycle paths through the bushland and suggesting that Council consider implementing protection mechanisms for the bushland to protect it from future development.

Corrine Fisher, President of the Lane Cove Bushland and Conservation Society, in general supporting cycling as a mode of sustainable transportation but objecting to the development of bike paths through the bushland, expressing concerns including impact on the natural environment and the safety of other user groups including children participating in the Bush Kids program.

David Morling of Longueville supporting the development of appropriate bicycle infrastructure to increase connectivity in the area and drawing comparisons between the impact of cycling in bushland and that of pedestrian activity.

Lucinda Varley of Greenwich objecting to the development of bike infrastructure along sensitive foreshore areas of heritage significance but supporting the improvement of bike infrastructure along existing transport routes.

Melissa Downes of Greenwich objecting to the development of bike paths through local bushland.

Dion Weston of Greenwich supporting the development of bicycle infrastructure which could improve safety for cyclists in the area.

Maggie Burke of Lane Cove West supporting the development of better bicycle infrastructure throughout the local area highlighting the safety concerns that impact cyclists as a result of incomplete pathways and missing links. 

Frances Vissel of Lane Cove North highlighting the efforts of community members in the regeneration of local bushland and opposing the development of bicycle paths through these areas citing the potential environmental impacts.

Andrew Durran of Greenwich supporting the implementation of measures that will facilitate and support safe cycling in Lane Cove and expressing disappointment with the Council report regarding the bike plan particularly the inadequate consideration of the alternatives between bikes and bushland, reasoning behind the rejection of particular routes and the lack of cost consideration and suggesting that the plan itself is largely incomplete and as such should not be put in place for 10 years.

Brian Atwell of Riverview opposed to the development of bicycle paths through bushland but supportive of safe cycling infrastructure along roadways and existing transport routes.

Helen Jones of Greenwich opposed to the development of shared user pathways throughout local bushland.

Elizabeth Ryrie of Longueville opposed to the development of shared user pathways throughout local bushland, particularly Warraroon Reserve.

Thomas Ryrie of Longueville opposed to the development of shared user pathways throughout local bushland.

Peter Mayall of Lane Cove requesting Council defer the decision regarding bushland bicycle routes.

Andrew Sheinis of Greenwich supporting the development of bicycle infrastructure in Lane Cove in the interest of improving safety for cyclists.

Brian McCloy of Longueville opposed to the development of cycling infrastructure through the bushland particularly from a cost / risk perspective.

Moya Robinson of Lane Cove opposed to the development of bicycle paths through the bushland and suggesting a decision on the plan be deferred to allow other user groups to be consulted and provided with an opportunity to contribute to the development of the Bike Plan.

Terry Jones of Greenwich generally supportive of the development of suitable bicycle infrastructure in the area but opposed to the development of bicycle paths through the bushland.

Tony Smith of Riverview opposed to the funding of bicycle paths given cycling utilisation in comparison to other transport methods.

Don Murchison of Greenwich urging Council to delay any decision regarding the bike plan until routes can be reviewed and an independent environmental assessment can be undertaken.

Andrew Pelly of Lane Cove North generally supportive of the development of suitable bicycle infrastructure in the area and suggesting a bicycle registration system could be introduced to help fund the development of this infrastructure.

Marilyn Lawson of Greenwich supporting the preservation of local reserves and bushland.

Councillor Bennison left the meeting at 8:17pm.

Councillor Bennison returned to the meeting at 8:20pm.

Gaye White of Lane Cove opposed to the development of bicycle paths through the bushland highlighting the conflict identified in Council’s Bushland Plan of Management between active and passive recreation within bushland and damage evident in Warraroon Reserve from cycling activities.

Ian Mellor of Greenwich opposed to the development of bicycle paths through the bushland, expressing concerns with other aspects of the bike plan including missing links in Greenwich Road and inadequate measures suggested for Longueville and Burns Bay Road and suggesting Council’s decision on these routes be deferred and reconsidered.

Yvonne Barber of Greenwich on behalf of the Bushland Management Advisory Committee opposed to the development of bicycle paths through the bushland and supporting the recommendation of the report.

Mark Reynolds of Riverview thanking Council for the bush regeneration efforts undertaken, suggesting the bicycle plan is inadequate and incomplete and more long term foresight is needed, highlighting that technology in cycling is increasing and should also be considered in the plan.

Susan Loane discussing and providing example images of how bicycle paths through bushland can be low impact and environmentally considerate.

Tom Lawson of Greenwich objecting to Route 2 proposed in the bicycle plan and urging Council to adopt the recommendation put forward in the report.

Alexandra Rossi Tiffen supporting the development of appropriate bicycle infrastructure particularly shared user paths to increase cyclist safety.    

Councillor Hutchens left the meeting at 8:42pm.

Councillor Hutchens returned to the meeting at 8:43pm.

Margaret Bergomi of Lane Cove supporting the recommendation of the report which excludes Route 8 from the bicycle plan and supporting earlier comments regarding preservation of bushland in the area.

Tony Nolan of Lane Cove providing demographic information on the local government area.

Ruth Newman of Lane Cove North requesting Council reconsider the development of Route 11 (now Route 5) questioning the need for the route and suggesting an alternative possibility.

Pete Dejong of Greenwich supporting the development of bike paths directly from Greenwich to Lane Cove in order to better facilitate cycling as a more sustainable alternative transport method.

Councillor Brent left the meeting at 8:55pm. 

Councillor Brent returned to the meeting at 8:58pm.

Ralph Pliner of Greenwich objecting to the development of a shared user pathway from Greenwich Point to Lane Cove and urging Council to observe legal advice in regards to the matter.

Omar Khalifa former resident of Lane Cove urging Council to consider a more collaborative approach to provide a more complete view of what is needed in terms of the Bicycle Plan.

Brenton Boswell of Longueville objecting to the development of a bicycle path through Warraroon Reserve citing the impacts on other user groups, potential environmental impacts, unsuitable terrain and topography for cycling and lack of demand.

Julie-Anne Lacko of Greenwich supporting the development of appropriate cycling infrastructure in the area but objecting to the 10 year timeframe of the bike plan and the lack of consultation on amendments made to the plan following community consultation.

Norma Stuart of Longueville objecting to the development of bicycle infrastructure in bushland suggesting that safe bicycle paths along existing transport routes be further considered.

On behalf of Kim Hewlett of Lane Cove supporting the development of bicycle paths in Lane Cove and sharing his experience of a cycling accident including the long term physical, financial and psychological impacts.

Julie Evans of Riverview objecting to the development of bicycle infrastructure in bushland and suggesting that safer cycling infrastructure needs to be considered including methods of reducing on street parking.

Doug Stuart of Longueville objecting to the lack of community consultation regarding the Rosenthal Carpark Site.

Susan Graham sharing her negative experience of shared user pathways within bushland and expressing concerns regarding the development of bicycle paths including engineering issues and associated costs.

Russ Webber of Greenwich providing some cycling statistics throughout the local area and commenting on the revised draft bike plan including Routes 7, 8 and the River Road to Wollstoncraft Station Route.

Rod Tudge of Osborne Park objecting to the development of bicycle infrastructure in bushland and suggesting that greater funding and better, more appropriate, cycling facilities are required.

Dana Dion of Greenwich supporting the shared user path proposed by the Bicycle Advisory Committee from Greenwich to Lane Cove, tabling a petition in support of the bike path and reading several comments obtained during the collection of the petition signatures.

 

RESUMPTION OF STANDING ORDERS

313

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

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

314

RESOLVED on the motion of Councillors Bennison and Gold that Lane Cove Bicycle Plan Review 2013’ and ‘Update on Proposed Redevelopment of Rosenthal Car Park Site’ be brought forward and dealt with as the next items.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Lane Cove Bicycle Plan Review 2013

315

RESOLVED on the motion of Councillors Bennison and Gold that:-

1.   The Lane Cove Bicycle Plan 2013 Consultation Report, shown attached as AT-2, be received and noted.

2.   Council adopt the Draft Lane Cove Bicycle Plan 2013, dated 22 November 2013 (shown attached as AT-1) with the exception of Routes 2 and 5, subject to the following amendments:-

·      Agenda p.25 map – include the existing Greenwich Route B17 which is already signposted and lane-marked.

·      Agenda p. 23 – Route B17 – correct the error carried forward from the previous plan viz that "St Lawrence St" is indicated but is not suitable for bikes and should be replaced by "Manns Ave".

·      Following amendments and corrections of typographical errors:-

a)       Agenda p.40 – reads "implement the 15 proposed routes over the next 5 years", should be 24 routes over 5 years.

b)       Agenda p.40- "facilities requirements for private developments in" has no end of sentence.

c)       Agenda p.20 & p.24 – Community Trails – The reference to the three community trails (B22, B23 and B24) be deleted, as they were included in error.

d)       Agenda p.37 the A5 "pocket-sized" map, be an A3 map which folds down to a much smaller size A7.

e)       Agenda p.43 Council trial installing a single bike rack in lieu of a bike cage at Greenwich Wharf.

3. Council undertake further investigation and consultation on Route 2, specifically the proposed realignment of the route to avoid Tennyson Park and Route 5 Mowbray to Lane Cove.

 

4.   Prior to the implementation of any route costing greater than $100,000, the General Manager undertake the relevant assessments from the following, and submit a report to Council for determination prior to the project commencing:-

a)   An Environmental Impact Assessment performed by an external consultant;

b)   Aboriginal Heritage Assessment in consultation with the Aboriginal Advisory Committee;

c)   Costing Assessment, including funding options; and

d)   Catchment assessment on users of the route.

5.   The next review of the Lane Cove Bicycle Plan be conducted in 2018.

6.   The Bicycle Advisory Committee be thanked for their contribution.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

BUSHLAND PROTECTION

316

RESOLVED on the motion of Councillors Brent and Palmer that Council examine the process by which its bushland can be permanently protected from development and a further report be submitted to Council by April 2014.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Adjournment

317

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council adjourn for a 5 minute recess.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

RESUMPTION

The Ordinary Council Meeting resumed at 9:51pm.

 


 

Update on Proposed Redevelopment of Rosenthal Carpark Site

 

MOTION

A motion was moved by Councillors Cheong and Gold that Council:-

  1. Endorse the process for the development of the design brief and the staging and conduct of the design ideas competition as outlined in the report, with the addition of the following new point 6. (note: the existing point 6. to be renumbered 7.):-

“6.   Following community consultation, the design ideas shall be reviewed by the Working Party who will make recommendations to Council on the preferred design ideas.”;

2.   Receive a further report on the design brief for endorsement prior to the commencement of the design competition; and

3.   Adopt the Charter for the Rosenthal Avenue Car Park Working Party shown attached as AT-2 subject to the following amendments:-

·      The following additions to ‘Functions’:-

c)  To report back to Council on a quarterly basis;

d) To make recommendations to Council as appropriate; and

e) To ensure that appropriate due diligence is undertaken with respect to the project.

·      The following amendment to ‘Councils Members’:-

a)   Four (4) Councillors appointed by formal resolution, in September each year.

·      The ‘Meeting Schedule’ being amended to read ‘The Committee shall decide the meeting schedule for itself as determined by the Committee, but shall meet at a minimum on a quarterly basis’.

 

AMENDMENT

An Amendment was moved by Councillor Palmer and Brent that Council:-

1.  Endorse the process for the development of the design brief and the staging and conduct of the design ideas competition as outlined in the report, with the addition of the following new point 6. (note: the existing point 6. to be renumbered 7.):-

“6.   Following community consultation, the design ideas shall be reviewed by the Working Party who will make recommendations to Council on the preferred design ideas.”;

2.   Receive a further report on the design brief for endorsement prior to the commencement of the design competition; and

3.   Adopt the Charter for the Rosenthal Avenue Car Park Working Party shown attached as AT-2 subject to the following amendments:-

·      The following additions to ‘Functions’:-

c)  To report back to Council on a quarterly basis;

d) To make recommendations to Council as appropriate; and

e) To ensure that appropriate due diligence is undertaken with respect to the project.

·      The ‘Meeting Schedule’ being amended to read ‘The Committee shall decide the meeting schedule for itself as determined by the Committee, but shall meet at a minimum on a quarterly basis’.

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Amendment were Councillors Brent and Palmer (Total 2).

Against the Amendment were Councillors Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 7).

318

Upon being put to the meeting the Motion was carried.

 

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

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

 

Matter Arising

APPOINTMENT TO ROSENTHAL AVENUE CAR PARK WORKING PARTY

319

RESOLVED on the motion of Councillors Bennison and Hutchens that Councillor Strassberg be appointed to the Rosenthal Avenue Car Park Working Party, with Councillor Brent as an alternate.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

320

RESOLVED on the motion of Councillors Bennison and Gold that Council resume consideration of remaining items in the order listed in the agenda. 

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 NOVEMBER 2013

321

RESOLVED on the motion of Councillors Brent and Palmer that the minutes of the Ordinary Council meeting held on the 18 November 2013 be received.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

322

RESOLVED on the motion of Councillors Palmer and Gold that the minutes of the Ordinary Council meeting held on the 18 November 2013 be confirmed.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Council Meeting Schedule 2014

323

RESOLVED on the motion of Councillors Bennison and Brent that the Council Meeting Schedule for 2014 be adopted with the April meeting to be held on Tuesday 22nd April 2014.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Councillor Bennison left the meeting at 10:33pm.

 

Allocation of Seating in the Plaza after Upgrade

 

The motion was withdrawn

 

Councillor Bennison returned to the meeting at 10:34pm.

 

Boarding Houses

324

RESOLVED on the motion of Councillors Palmer and Strassberg that Council review applications to date and provide suggestions for making the Boarding House provisions of State Environmental Planning Policy (Affordable Rental Housing) more suited to our community’s expectations for local planning and a report come back to Council the Ordinary Council Meeting of 17 March 2014 .

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Shell Pedestrian Bridge over unmade section of East Street and Gother Avenue

325

RESOLVED on the motion of Councillors Karpin and Hutchens that Council:-

1.   Receive and note the report;

2.   Authorise the General Manager to work with Shell to draft a lease agreement for the use of public land for their bridge, and the lease come back to Council; and

3.   Negotiate with Shell with respect to providing a monetary contribution towards one of the two options for providing a safe legal access through the unmade road reserves of East Street and Gother Avenue.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Lane Cove Traffic Committee Meeting held on Tuesday 19 November 2013

326

RESOLVED on the motion of Councillors Gold and Hutchens that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 19 November 2013.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 


 

Delegation of Authority During the Christmas Recess

327

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

1.  Subject to the provisions of Section 377 of the Local Government Act, 1993, and point 2 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 17 February 2014, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

2.  No Section 96 or Section 82A reviews of development applications be undertaken under delegated authority in relation to any matter that has been determined by the Independent Hearing and Assessment Panel.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Councillor Brooks-Horn left the meeting at 10:43pm.

The Deputy Mayor, Councillor Cheong, took the Chair.

 

Potential Sale of Closed Road Lot - Formerly Friedlander Place

328

RESOLVED on the motion of Councillors Karpin and Gold that Council receive and note the report.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Brooks-Horn (Total 1).

 

Councillor Brooks-Horn returned to the meeting at 10:44pm and resumed the Chair.

 

Sharing Sydney Harbour Access Program

329

RESOLVED on the motion of Councillors Brent and Gold that Council receive and note the report.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 

PACE Program

330

RESOLVED on the motion of Councillors Hutchens and Brent that Council receive and note the report.

 

For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9).

Against the Motion was Nil (Total 0).

 


CLOSE

 

The meeting closed at 10:45pm.

 

Confirmed at the Ordinary Council Meeting of 16 December 2013, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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