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Minutes

Ordinary Council Meeting

16 June 2014, 6:30pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 16 June 2014

Minutes

 

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

 

Councillor Bennison declared a non pecuniary, non significant interest in “Update Purchase of 69 Longueville Road, Lane Cove” as his business is situated in the building next to the property being considered in the report.  He indicated he would debate and vote on the item. 

 

Councillor Brooks-Horn declared a non pecuniary, non significant interest in Item Y1 of the “Local Traffic Committee Meeting - 20 May 2014” regarding the Traffic Management Plan for the Lane Cove Rotary Fair in October as he is a member of Rotary.  He indicated he would debate and vote on the item. 

 

Councillor Strassberg declared a non pecuniary, non significant interest in Item Y1 of the “Local Traffic Committee Meeting - 20 May 2014”  regarding the Traffic Management Plan for the Lane Cove Rotary Fair in October as he is a member of Rotary.  He indicated he would debate and vote on the item. 

 

APOLOGIES  

Apologies be received on behalf of Councillor D. Karpin.

106

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

 

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

Against the Motion was Nil (Total 0).

 

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 public interest by reason of the foregoing and as it contains proposed purchase price information.

 

No members of the public made representations.


 

 

CLOSED COMMITTEE

107

RESOLVED on the motion of Councillors Hutchens and Cheong 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, Strassberg, Bennison and Brooks-Horn (Total 8).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:45pm pm.  The public and media left the chamber.

 

Council considered the Update Purchase of 69 Longueville Road, Lane Cove” in Closed Committee.

 

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.

 

WEBCASTING OF COUNCIL MEETING

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

 

SUSPENSION OF STANDING ORDERS

108

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 (3) minutes.

 

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

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Geoff Rees, of Lane Cove objecting to proposed development for 25 Best Street (DA56/2014) citing concerns including loss of views, traffic density and quality of land at proposed development site.

 

Kingsley Liu of Lane Cove supporting the Notice of Motion regarding writing to the Federal Government objecting to proposed changes to the Racial Discrimination Act.

 

Charlie Nicholas of Greenwich in support of the petition presented to Council regarding building a skate Park in Greenwich, highlighting the social and recreational benefits.

 

Don Murchison of Greenwich expressing concerns regarding the Street Tree Master including the suitability of gum trees as street trees in locations including playgrounds, along footpaths, roadways and off road cycle ways and suggesting they be phased out and a greater variety of more suitable street trees be introduced.

 

RESUMPTION OF STANDING ORDERS

109

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

 

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

Against the Motion was Nil (Total 0).

 

Confidential Items

 

The General Manger read the recommendations of the Item/s 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 public interest by reason of the foregoing and as it contains proposed purchase price information.

110

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

1.   Rescind Part 1 of  resolution 332, 16 December 2013, viz “1.Council upon acquisition of the land at 69 Longueville Road classify the land as Operational, to facilitate its short term use, 0-24 months as a temporary car park”; and

2.   Proceed with the purchase of the land at 69 Longueville Road from the RMS for $800,000 and classify the land as “Community” in accordance with Section 31 the Local Government Act, 1993.

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 MAY 2014

111

RESOLVED on the  of Councillors Hutchens and Palmer that the minutes of the Ordinary Council meeting held on the 19 May 2014 be received.

 

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

Against the Motion was Nil (Total 0).

112

RESOLVED on the motion of Councillors Bennison and Brent that the minutes of the Ordinary Council meeting held on the 19 May 2014 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 


Petitions

 

Petition - To Build a Skate Park in Greenwich

113

RESOLVED on the motion of Councillors Gold and Bennison that a Working Party be established to investigate the type of skate park facilities, possible locations for the facility and how funding could best be obtained. The Working Group is to consist of the Mayor and Deputy Mayor, East Ward Councillors, staff nominated by the General Manager, the Head Petitioner and up to three (3) other interested members of the Lane Cove community.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Federal Government Proposed Changes to the Racial Discrimination Act

114

RESOLVED on the motion of Councillors Cheong and Strassberg that Council:-

1.   Affirms its commitment to act within its authority to ensure Lane Cove remains a harmonious multicultural community;

2.   Write to the Federal Attorney General to state its opposition to the proposed changes of the Racial Discrimination Act and to request the Attorney General to withdraw the Draft Exposure Amendment to the Act; and

3.   Write to the Federal Local Member, Hon. Joe Hockey MP to ask for his support.

 

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

Against the Motion was Nil (Total 0).

 

Market Square Car Park Operations

115

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the General Manager provide Council with a report on parking at Market Square that includes:-

1.  A summary of the history of the different systems and/or software changes and the reasons;

2.  The amount of revenue relative to the different systems and/ or software changes;

3. Usage statistics relative to the different systems and/ or software changes;

4.  A time and motion (traffic movement) study of the current system over a typical week during peak times, including weekends, to determine delays; and

5.  Based on results, provides solutions to alleviate traffic congestion and the estimated cost.

 

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

Against the Motion was Nil (Total 0).

 


Officer Reports for Determination

 

Draft Street Tree Master Plan

116

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the Lane Cove Street Tree Master Plan by deferred for consideration at the Councillor workshop in August.

 

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

Against the Motion was Nil (Total 0).

 

Boarding House Provisions

117

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

1.   Advertise draft amendments to the Lane Cove Development Control Plan 2010 with regard to boarding houses, to require that:-

i.      Social Impact Assessments be provided for boarding houses; and

ii.     The maximum kitchen area within a boarding house room is 2m2.

2.   Impose as a Standard Condition of Consent for all future Boarding House applications that advises that the strata or community title subdivision of boarding houses is prohibited; and

3.   Write to the Minister for Planning, requesting that the State Environmental Planning Policy (Affordable Rental Housing) 2009 be strengthened in relation to affordable housing by:-

i.    Requiring Social Impact Assessments (SIA) for all development applications under the SEPP; and

ii.   Prohibition of strata or community title subdivision of boarding houses.  

 

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

Against the Motion was Nil (Total 0).

 

Update on Proposed Redevelopment of Rosenthal Car park Site

 

MOTION

A Motion was moved by Councillors Cheong and Brooks-Horn that Council:-

1.   Endorse the design brief for the staging and conduct of the design ideas competition shown as AT-1;

2.  Following the conduct of the design ideas competition, including the community consultation and review of ideas by the Working Party, Council to receive a report to determine the design ideas to be incorporated into the project;

3.   Following determination of the preferred design ideas for the public domain and negotiation of commercial terms with the retailers, detailed feasibility analysis be carried out and reported to Council through the Rosenthal Avenue Car Park Working Party; and

4.   Subject to the adoption of the feasibility analysis, tenders be invited for the Project Architect and reported to Council for selection of the successful respondent.

 


 

Procedural Motion

118

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 Brent, Palmer, Cheong, Gold, Hutchens, Strassberg, Bennison and Brooks-Horn (Total 8).

Against the Motion was Nil (Total 0).

119

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

1.   Endorse the design brief for the staging and conduct of the design ideas competition shown as AT-1;

2.  Following the conduct of the design ideas competition, including the community consultation and review of ideas by the Working Party, Council to receive a report to determine the design ideas to be incorporated into the project; and

3.   Following determination of the preferred design ideas for the public domain and negotiation of commercial terms with the retailers, detailed feasibility analysis be carried out and reported to Council through the Rosenthal Avenue Car Park Working Party.

 

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

Against the Motion was Nil (Total 0).

 

Motion

A Motion was moved by Councillors Cheong and Brooks-Horn that:-

4.   Subject to the adoption of the feasibility analysis, tenders be invited for the Project Architect and reported to Council for selection of the successful respondent.

 

FORSHADOWED MOTION

A Foreshadowed was moved by Councillors Bennison and Hutchens that:-

4.   Tenders be invited for the Project Architect and reported to Council for selection of the successful respondent.

120

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

 

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

Against the Motion were Councillors Bennison and Hutchens (Total 2).

 

The Foreshadowed Motion lapsed.

 


 

Financial Assistance Grants Program 2014/5

121

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

1.   Allocate the following Financial Assistance Grants to Community Groups for 2013 - 2014:-

Lane Cove Music & Cultural Association

$500.00

Lane Cove Choristers

$2,200.00

Lane Cove Youth Orchestra

$4,650.00

Centrehouse Community Arts & Leisure

$65,696.00

Lane Cove Art Society

$8,300.00

Lane Cove Concert Band

$2,650.00

Lane Cove Music

$800.00

Lane Cove Theatre Co

$7,483.00

Lane Cove Occasional Child Care Inc

$959.00

EarlyEd

$2,730.00

Taldumande Youth Services

$3,000.00

KYDS (Kuringai Youth Development Service)

$4,000.00

StreetWork

$4,150.00

Lane Cove and North Side Community Services – Recreation Rendevouz

$233,560.00

Women’s Action & Information Group (WAIG)

$1,000.00

Lower North Shore Community Transport

$3,000.00

LNS Multiple Birth Association (LNSMBA)

$1000.00

The Meeting House

$52,950.00

The Greenwich Anglican Church in conjunction with The Senior Agenda

$880.00

Easy Care Gardening

$1,000.00

Lane Cove Community Men’s Shed

$1,895.00

Greenwich/Lane Cove Computer Pals

$4,000.00

Willoughby Council – Constant Companion

$2,025.00

ANZAC Day Ceremony

$1,500.00

Chatswood South Uniting Church

$1600.00

LC  Bowling & Recreation Club

$7,344.25

Pottery Gardens Aged Homes

$11,970.00

Birrahlee Kindergarten

$8,049.19

Longueville Sporting Club

$4,333.11

Lane Cove and North Side Community Services

$1,820.00

2.   Give Public Notice of the proposed Financial Assistance Grants to Community Groups for 2014/2015, and subject to no objections being received, grant the funds as outlined in this report.

3.   Host the Community Grants Presentation Ceremony on Wednesday 6 August 2014 as part of the Financial Assistance Grants process.

4.   Receive a further report with Policies recommending proposed changes to the Financial Assistance Grants Program.

 

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

Against the Motion was Nil (Total 0).

 


 

Sustainability Small Grants Round 8 - Objections to Funding

122

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

1.   Council approve funding to the following projects under Round 8 of the Sustainability Small Grants Program:-

Organisation 

Funding

Possums Corner Child Care Centre Inc

$2,000.00

Greenwich Public School P & C

$2,000.00

Lane Cove Out of School Inc

$1,000.00

St Ignatius’ College Riverview

$1,000.00

2.   A letter be sent to the four (4) residents that made a submission on the recommended projects from Round 8 of the Sustainability Small Grants Program advising them of the resolution of Council and thanking them for their input.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

CRITERIA FOR SUSTAINABILITY SMALL GRANTS

123

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that the criteria for Sustainability Small Grants be considered at a future workshop.

 

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

Against the Motion was Nil (Total 0).

 

LEP St Leonards General Scale - 3 Sites

124

RESOLVED on the motion of Councillors Cheong and Hutchens that:-

1.   The LEP Planning Proposal 6, relating to three sites at 448-452 Pacific Highway, 69 Christie St and the Nicholson Precinct not proceed, on the grounds described in the report;

2.   The NSW Department of Planning & Environment be advised of the resolution; and

3.   The property owners be advised of the resolution.

 

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

Against the Motion was Nil (Total 0).

 

Local Government Remuneration Tribunal Determination for Councillor Fees

125

RESOLVED on the motion of Councillors Gold and Bennison that the following annual fees be paid to the Mayor and Councillors for 2014/2015:-

·        Councillors - $17,930

·        Mayor - $39,110 (in addition to the Councillor Fee)

 

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

Against the Motion was Councillor Palmer (Total 1).

 

Local Traffic Committee Meeting - 20 May 2014

126

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

  1. Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 May 2014; and
  2. In respect of item Y6 Henley Street, Lane Cove West, the outcomes of the consultation be reported to Council for determination. 

 

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

Against the Motion was Nil (Total 0).

 

Amendment to the Ordinary Minimum Residential Rate

127

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

1.   Rescind the resolution of the Meeting of 19 May 2014, Minute No. 98, 2a)(i) in relation to the Minimum Residential Rate; and

2.   Fix the Ordinary Rates and Charges for 2014/15 as follows:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.182040 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $592, to yield $15,657,025.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Plaza Gas Fire Incident

128

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

1.    The report be received and noted;

2.    The General Manager contact relevant utilities providers and prepare a diagram detailing access points for electricity, water and gas for the Lane Cove CBD and include this in Council’s Disaster Recovery Plan; and

3.    This information be updated in the Plan every 2 years.

 

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

Against the Motion was Nil (Total 0).

 

Council Snapshot

129

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

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:13pm.

 

Confirmed at the Ordinary Council Meeting of 21 July 2014, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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