Minutes

Ordinary Council Meeting

16 December 2013, 6:53pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

Ordinary Council 16 December 2013

Minutes

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

DECLARATIONS OF INTEREST:

Councillor Brooks-Horn declared a pecuniary conflict of interest in ‘Planning Proposal -  Pacific Hwy St Leonards’ as his partner works for Leighton Holdings owners of 472 and 486 Pacific Highway.  He indicated he would not participate in discussion or vote on the matter.

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:

Update Purchase of 69 Longueville Road, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to the public interest by reason of the foregoing and because the report contains legal advice.

No members of the public made representations.

CLOSED COMMITTEE
331	RESOLVED on the motion of Councillors Hutchens and Strassberg 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 Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9). Against the Motion was Nil (Total 0).

Closed Committee commenced at 6:55pm. 

Open Council resumed at 7:00pm.  The public and media were invited into the chamber.

OPENING OF MEETING WITH PRAYER

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

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

Confidential Items

The General Manager read the recommendations of the item considered in Closed Committee prior to Council’s consideration:

Update Purchase of 69 Longueville Road, Lane Cove
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to the public interest by reason of the foregoing and because the report contains legal advice.
332	RESOLVED on the motion of Councillors Strassberg and Palmer that:- 1.    Council upon acquisition of the land at 69 Longueville Road classify the land as Operational, to facilitate its short term use for 0-24 months as a temporary car park; 2.    In line with the sites long term use as a gateway park, Council submit a Planning Proposal to rezone the land to RE1 - Public Recreation; and 3.    If required by the Roads and Maritime Service (RMS), Council allow the registration of an ongoing interest on title, (or similar) by the RMS, restricting Council’s ability to dispose of the land.
	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).

WEBCASTING OF COUNCIL MEETING

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

SUSPENSION OF STANDING ORDERS
333	RESOLVED on the motion of Councillors Bennison and Hutchens 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 Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 9). Against the Motion was Nil (Total 0).

PUBLIC FORUM

Frances Vissel on behalf of the Stringybark Creek Residents Association regarding the Proposed Voluntary Planning Agreement for 7-15 Centennial Avenue requesting the land at 15 Centennial Avenue be rezoned to E2 - Environmental Conservation.

Laura Hogan of Lane Cove North expressing concerns in relation to the Proposed Voluntary Planning Agreement including traffic and noise, enquiring about timelines and enforcement of development conditions for the development project and supporting the rezoning of the land to E2 - Environmental Conservation.

Stephen White, Director – Planning of Urbis Planning Consultancy supporting the recommendation outlined for the Planning Proposal – Pacific Hwy St Leonards with the inclusion of amended conditions relating to the built form controls which would result in enhanced street prominence along the highway side.

RESUMPTION OF STANDING ORDERS
334	RESOLVED on the motion of Councillors Bennison and Hutchens 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
335	RESOLVED on the motion of Councillors Bennison and Strassberg that ‘Results of Community Consultation on the Proposed Voluntary Planning Agreement for 7-15 Centennial Avenue, Lane Cove’ be brought forwards and dealt with as the next item.
	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).

Results of Community Consultation on the Proposed Voluntary Planning Agreement for 7-15 Centennial Avenue Lane Cove
336	RESOLVED on the motion of Councillors Palmer and Brent that Council:- Enter into a Voluntary Planning Agreement for 7-15 Centennial Avenue, Lane Cove, as outlined in the explanatory note and authorise the Mayor and General Manager to sign the Agreement and affix Council’s seal to any necessary documents; and Commit to the rezoning of the site to E2 - Environmental Conservation and classify the land as Community Land upon acquisition.
	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).

Suspension of Standing Orders
337	RESOLVED on the motion of Councillors Strassberg and Hutchens that Standing Orders be suspended to allow questions to be asked of the external planning consultants present in relation to ‘Planning Proposal – Pacific Highway, St Leonards’.
	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).

Councillor Brooks-Horn left the meeting at 7:24pm.

The Deputy Mayor, Councillor Cheong, took the Chair.

Resumption of Standing Orders
338	RESOLVED on the motion of Councillors Bennison and Gold that Standing Orders be resumed.
	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).

Planning Proposal -  Pacific Hwy St Leonards
339	RESOLVED on the motion of Councillors Hutchens and Gold that:- 1.   Council approve the Planning Proposal for submission to the NSW LEP Gateway  seeking exhibition, subject to the following amendments:- (i)    504 - 520 Pacific Highway and 95 Nicholson Street built form controls be amended as follows:- a.  Building Height of 138m and a four-level retail/commercial podium. ii)    486 Pacific Highway (Tower 1 at rear) built form controls be amended as follows:- a.  Building Height of 115m and a one-level retail/commercial podium iii)    472 Pacific Highway (Tower 2 fronting highway) built form controls be amended as follows:- a.  Building Height of 91m and a six-level retail/commercial podium. 2.   Council request that the Gateway approval be conditional upon a draft Voluntary Planning Agreement, as outlined in the report, and a site-specific Development Control Plan, which incorporates a podium into all buildings, being prepared to Council’s satisfaction for 472, 486 and 504-520 Pacific Highway/ 95 Nicholson Street and exhibited concurrently with the draft LEP amendments. 3.   A Councillor workshop be held on the draft DCP and VPA prior to exhibition.
	For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Karpin, Strassberg and Bennison (Total 8). Against the Motion was Nil (Total 0).

Councillor Brooks-Horn returned to the meeting at 7:51pm and resumed the Chair.

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 2 DECEMBER 2013
340	RESOLVED on the motion of Councillors Karpin and Hutchens that the minutes of the Ordinary Council meeting held on the 2 December 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).
341	RESOLVED on the motion of Councillors Brent and Karpin that the minutes of the Ordinary Council meeting held on the 2 December 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).

Notices of Motion

Governance structure requirements for organisations receiving Council Assistance
	MOTION A Motion was moved by Councillors Karpin and Gold that: 1.   In order to be formally recognised by Council or to receive Council assistance (of a direct or indirect nature) any community organisation must provide the General Manager with:- · The Organisation’s Constitution; · A current list of the Organisation’s Officeholders; and · A copy of the Organisation’s Financial Statements. 2.   The General Manager facilitate an annual registration process. 3.   Any submission received by an unincorporated association that cannot demonstrate membership of greater than 10 independent members that such submissions be acknowledged on behalf of the writer not the organisation.
	FORESHADOWED MOTION A Foreshadowed Motion was moved by Councillors Palmer and Strassberg that in the community grants process, Council lower the threshold from $20,000 to $10,000 before requiring the accountability, monitoring and evaluation criteria.
342	Upon being put to the meeting the Motion was declared carried.
	For the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). Against the Motion were Councillors Brent, Palmer and Strassberg (Total 3).
	The foreshadowed motion lapsed.

Officer Reports for Determination

Tender for Aquatic Centre Capital Works
343	RESOLVED on the motion of Councillors Hutchens and Gold that:- 1.   Council accept the tender from Bermagui Constructions Pty Ltd for the provision of Building Services to carry out alterations and additions and rectification works at the Lane Cove Aquatic Leisure Centre for an amount of $3,429,339; and 2.   The General Manager be authorised to enter into a contract with Bermagui Constructions Pty Ltd.
	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).

Tender for Concrete Support Structure For Synthetic Playing Surface at Blackman Park
344	RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council:- 1.   Accept the alternate tender from Australian Prestressing Services Pty Ltd for the construction of the Concrete Support Structure for Synthetic Playing Surface at Blackman Park for an amount of $5,405,000; and 2.   The General Manager be authorised to enter into a contract with Australian Prestressing Services Pty Ltd.
	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).

Tender for Blackman Park Synthetic Playing Surface
345	RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council:- 1.   Accept the tender from Sharcave Pty Ltd (trading as Team Sports) for the provision of Synthetic Playing Surface at Blackman Park for an amount of $1,350,229.62; and 2.   The General Manager be authorised to enter into a contract with Sharcave Pty Ltd.
	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 Literary Award
346	RESOLVED on the motion of Councillors Karpin and Hutchens that:- 1.   An annual Lane Cove Literary Award program be introduced; 2.   Council underwrite the 2014 Lane Cove Literary Award to an amount of $17,500 and this be included in the 2014/15 Budget; 3.   A charter be developed for the Literary Awards Committee and a further report be submitted to Council; 4.   Membership of Literary Awards Committee consist of three (3) Councillors including Councillors Karpin, Hutchens and Brent and staff as determined by the General Manager; and 5.   The final determination of the Award Criteria be referred to the Committee.
	For the Motion were Councillors Brent, Cheong, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 8). Against the Motion was Councillor Palmer (Total 1).

Australian Local Government Women's Association Conference 2014 (NSW Branch)
347	RESOLVED on the motion of Councillors Hutchens and Karpin that Councillors interested in attending the Annual Conference of the NSW Branch of the Australian Local Government Women’s Association to be held in Broken Hill from 20-22 March 2014, advise the General Manager by 23^rd December 2013 and the costs be paid by Council.
	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).

Councillor Karpin left the meeting at 8:46pm.

Lane Cove Traffic Committee Meeting held on Monday 2 December 2013
348	RESOLVED on the motion of Councillors Bennison and Gold that  Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Monday 2 December 2013.
	For the Motion were Councillors Brent, Palmer, Cheong, Gold, Hutchens, Strassberg, Bennison and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). Absent was Councillor Karpin (Total 1).

Councillor Karpin returned to the meeting at 8:48pm.

Procedural Motion
349	RESOLVED on the motion of Councillors Palmer and Brent that the points included in the following item be voted on ad seriatim.
	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).

Amendments to Fees and Charges - Review of Tree Preservation Controls and Commercial Dog Walkers
350	RESOLVED on the motion of Councillors Karpin and Hutchens that Council:- 1.   Adopt the Fees and Charges for an assessment by the Independent Tree Review Expert Arbiter (ITREA) of $200 per review.
	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).
351	RESOLVED Councillors Karpin and Hutchens that Council that Council:- 2.   Adopt the Fees and Charges for the use of Public Open Space by Commercial Dog Walking Businesses as follows, $50 Initial Registration Application and $200 Annual Fee.
	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 of Urgency
THANK YOU TO COUNCIL STAFF
352	RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council:- 1.   Thank Council staff for their efforts in 2013; and 2.   Wish Council staff a Happy Christmas Season and New Year.
	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).

Regional Waste Project - Application to Minister for Joint Participation Agreement
353	RESOLVED on the motion of Councillors Bennison and Hutchens that Council:- 1.   Apply to the Minister for Local Government for consent under section 358 of the Local Government Act 1993 to enter into a participation agreement with each of the other member councils of NSROC who are participating in the regional waste project; and 2.   Note the Northern Sydney Councils Waste Alliance Agreement will specify the roles and responsibilities of councils in participating in and managing a joint contract for waste disposal and processing.
	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 8:57pm.

Confirmed at the Ordinary Council Meeting of Monday, 17 February 2014, at which meeting the signature herein is subscribed.

MAYOR

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