Minutes of Ordinary Council

Ordinary Council 13 October 2014

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, and Manager - Governance.

DECLARATIONS OF INTEREST:

Councillor Karpin declared a non pecuniary conflict of interest that is non significant in relation to ‘Disabled Parking Spaces and Permits’ as he holds a disabled parking permit. He indicated that he would participate in any debate and vote on the item.

Councillor Bennison declared a non pecuniary conflict of interest that is non significant in relation to ‘Rosenthal Avenue Car Park - Proposed Changes to Parking Restrictions’ as proposed changes to the parking arrangements may impact on himself / his staff. He indicated that he would participate in any debate and vote on the item.

Councillor Brooks–Horn declared a non pecuniary interest that is non significant later in the meeting in relation the Matter of Urgency moved in relation to ‘Sustainability Lane at Rotary Fair’ as he is a member of Rotary. He indicated that he would participate in any debate and vote on the item.

Councillor Strassberg declared a non pecuniary interest that is non significant later in the meeting in relation the Matter of Urgency moved in relation to ‘Sustainability Lane at Rotary Fair’ as he is a member of Rotary. He indicated that he would participate in any debate and vote on the item.

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

227

RESOLVED on the motion of Councillors Cheong 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

Kylie Bryden Smith of Lane Cove North supporting the motion for acoustic noise barriers at development sites citing health and wellbeing concerns resulting from excessive and consistent noise and requesting ongoing monitoring and opposing the proposed Voluntary Planning Agreement for Gordon Crescent / Mowbray Road highlighting that the Mowbray Precinct Working Party has concluded that there is no valuable use to the community.

Dr Janine Gregson of Lane Cove North raising concerns regarding excessive noise resulting from ongoing development in the Lane Cove North area and supporting the implementation of noise mitigation strategies including noise barriers and restriction of working times.

Guy Hallowes of Lane Cove North expressing concerns regarding excessive noise levels resulting from ongoing development and supporting the motion for acoustic noise barriers at current and future development sites in the LGA.

Anne Proudfoot of Lane Cove North supporting the motion for acoustic noise barriers at development sites.

Dianna Hallowes of Lane Cove North, requesting Council refuse the Development Application submitted for 46-54 Gordon Crescent and not enter into Voluntary Planning Agreement for that site and 552 Mowbray Road.

Corrine Fisher of the Lane Cove Bushland and Conservation Society raising concerns regarding the political promotional activities of the Local Member at the recent Sustainability Lane event, requesting Council write to the Local Member regarding promotion during the event to prevent a re-occurrence at future events.

Ron Gornall of Lane Cove expressing concerns regarding the promotional activities of the Local Member at the recent Sustainability Lane event and supporting the motion for acoustic noise barriers at development sites.

Dr Liz Gill of Greenwich expressing concerns regarding political promotional activities undertaken by the Local Member at the recent Sustainability Lane event, requesting Council take appropriate action to prevent a re-occurrence at future events.

Don Murchison of Greenwich supporting the further development of bicycle infrastructure utilising Section 94 funding.

Mandy Stubbs of Lane Cove expressing concerns regarding political promotional activities undertaken by the Local Member at the recent Sustainability Lane event, requesting Council take appropriate action to prevent a re-occurrence at future events.

Sjrik Bangma of Lane Cove expressing concerns regarding political promotional activities undertaken by the Local Member at the recent Sustainability Lane event.

Alice Beauchamp of Lane Cove objecting to the political promotional activities undertaken by the Local Member at the recent Sustainability Lane event.

Justin Levenstein of Chargrill Charlies Lane Cove expressing concern that a dedicated outdoor seating area has not been allocated to Chargrill Charlies in the recent Plaza upgrade.

Frances Vissel of Lane Cove North supporting the motion for acoustic noise barriers at development sites and objecting to the political promotional activities undertaken by the Local Member at the recent Sustainability Lane event, requesting Council take appropriate action to prevent a reoccurrence at future events.

Alasdair Stuart of Lane Cove supporting the motion for acoustic noise barriers at development sites and a systematic approach to large developments within the Local Government Area.

Doug Stuart of Longueville requesting that additional notice be given when Council Meeting dates are amended in the future and requesting further information be made available regarding the plans for the Rosenthal Avenue Car Park

Tim McGivern of Lane Cove North objecting to the proposed Voluntary Planning Agreement in relation to 552 Mowbray Road and 46-54 Gordon Crescent citing the negative planning outcomes of the proposed development at Gordon Crescent and the limited community benefit in the acquisition of the Mowbray Road property.

RESUMPTION OF STANDING ORDERS

228

RESOLVED on the motion of Councillors Cheong and Bennison 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).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 SEPTEMBER 2014
229	RESOLVED on the motion of Councillors Gold and Hutchens that the minutes of the Ordinary Council meeting held on the 15 September 2014 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).
230	RESOLVED on the motion of Councillors Gold and Brent that the minutes of the Ordinary Council meeting held on the 15 September 2014 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).

Mayoral Minutes

Disabled Parking Spaces and Permits

231

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council write to the Minister for Roads and Freight, The Hon. Duncan Gay, MLC and the member for Lane Cove, The Hon Anthony Roberts, MP, requesting increased penalties, including demerit points, where drivers park in a disabled persons parking space without authority or incorrectly using Mobility Parking Scheme permits.

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

Acoustic Noise Barriers to Improve Local Amenity

232

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

Commence its own independent monitoring of the building sites in the Mowbray Precinct to measure the noise output over an 8 week period (asking residents to store the equipment on their properties in order to allow ongoing safe monitoring);
Prepare a report on the effectiveness of such equipment giving consideration to the following:-

a) The overall level of reduced noise to surrounding areas that will occur from using noise screens;

b) If noise escaping from the 'open air space' over the building site deems equipment any less effective;

c) At least two (2) current examples of user experiences around Sydney and evidence of success, or otherwise, of implementing noise screens around building sites of similar size to those in the Mowbray precinct; and

d) Alternative and potentially more effective methods of reducing noise to surrounding areas.

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

Review of Local Government – Fit for the Future

233

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

Notwithstanding the size of the Lane Cove Local Government Area and that Council has no debt, Council believes that it is ‘Fit for the Future’ and therefore does not need to amalgamate with any other Council(s);
Council advise the Minister for Local Government of this decision;
Council advise NSROC of this decision; and
Council initiate a public awareness campaign that highlights the most important issues for our community and reasons for Council’s decisions.

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 Negotiations for Construction of Recreational Community Facility (Scout Hall and Amenities Block) at Blackman Park

234

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

1. Council Engage Australian Prestressing Services P/L to undertake the project to lock up stage including all electrical and hydraulic works subject to the renegotiated bid of $1,670,675 excluding GST but inclusive of the substructure works;

2. The completion of the project be progressed either through negotiation with Australian Prestressing Services P/L or project managed by Council through the engagement of specialist subcontractors; and

3. Council authorise the General Manager to enter into a contract with Australian Prestressing Services P/L for the construction of the facility to lock up stage.

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).

Road Closure for Part lot 101 DP 1013285 Behind 296 Burns Bay Road

235

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

1. Consents to the proposed closure of public road at the rear of 296 Burns Bay Road, being part Lot 101 DP 1013285 as set out in AT-1 with the eastern boundaries to be clearly identified by survey;

2. Maintain existing easements and encumbrances on the title of the proposed closed road lot until no longer required;

3. Make application to the Minister to gazette this closure of public road;

4. Classify the closed road part Lot 101 DP1013285, Operational Land; and

5. Advise the owners of 296 Burns Bay Road of Council’s decision.

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).

Rosenthal Avenue Car Park - Proposed Changes to Parking Restrictions

236

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

1. Existing parking restrictions remain in place for Rosenthal Avenue Car Park;

2. Council create 33 additional 10P metered parking spaces on Coxs Lane to compensate for the loss of the car park at 11-13 Birdwood Avenue;

3. Council create 27 temporary additional 2P parking spaces within the grounds of the Aquatic Centre, with access from Phoenix St; and

4. The General Manager investigate and provide a report on the following:-

a) Converting parking in the following streets to one (1) hour parking (except for existing disabled, senior, loading and other special parking restrictions):-

· Longueville Road (up to Alpha Road);

· Little Street;

· Burns Bay Road to Graham Street;

· Finlayson Street;

· Dorritt Street;

· Austin Street

· Rosenthal Avenue;

· Sutherland Street;

· Birdwood Avenue;

· Landers Road;

· Parklands Avenue;

· Coxs Lane; and

· Sera Street;

b) Provision of residential parking permits for the areas identified in (a) to residents and that such permits be renewed annually;

c) That except for entities and/or related entities that have an approved Development Application, that two (2) further categories of parking permits be created for the area identified in (a):-

i) Employee; and

ii) Employer;

d) The cost of employer / employee permits;

e) In respect of (c) that the following documentary evidence must be provided to be eligible for a permit:-

i) Employer - copy of commercial lease and/or rate notice confirming occupancy within the area identified in (a),

· ABN and/or other business registration documents confirming the operation of a business being operated in the area identified in (a),

ii) Employee - letter from employer confirming employment,

· Provide a copy of PAYG summary confirming ABN identified in e(i)

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).

Local Traffic Committee Meeting September 2014

237

RESOLVED on the motion of Councillors Karpin and Hutchens that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 16 September 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).

Policy on Payment of Expenses and Facilities to Councillors

238

RESOLVED on the motion of Councillors Gold and Cheong that Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Councillors dated 19 August 2013 and send a copy of the Policy to the Office of Local Government.

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).

Council Meeting Schedule - 2014 and 2015

239

RESOLVED on the motion of Councillors Hutchens and Cheong that the Council Meeting Schedule for the remainder of 2014 and 2015 be adopted.

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

Meet the Neighbours Report

240

RESOLVED on the motion of Councillors Gold and Cheong 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).

Matter Arising
CENTRAL WARD MEET THE NEIGHBOURS EVENT
241	RESOLVED on the motion of Councillors Cheong and Hutchens that in light of the success of the recent Meet The Neighbours event that the next event be held at Kingsford Smith Oval on 29 March 2015.
	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).

Market Square Car Park Operations - Further Report

242

RESOLVED on the motion of Councillors Bennison and Cheong 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).

Delvena Women's Refuge

243

RESOLVED on the motion of Councillors Hutchens and Bennison 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).

Pecuniary Interest Returns 2014

244

RESOLVED on the motion of Councillors Gold and Hutchens that Council note the tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2013 till 30 June 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).

Matter of Urgency
Sustainability lane at rotary fair
Councillor Brooks–Horn declared a non pecuniary interest that is non significant in relation to the Matter of Urgency moved in relation to ‘Sustainability Lane at Rotary Fair’ as he is a member of Rotary. He indicated he would participate in any debate and vote on the item. Councillor Strassberg declared a non pecuniary interest that is non significant in relation to the Matter of Urgency moved in relation to ‘Sustainability Lane at Rotary Fair’ as he is a member of Rotary. He indicated he would participate in any debate and vote on the item.
The Mayor declared the item to be a Matter of Urgency
245	RESOLVED on the Motion of Bennison and Brooks-Horn that the item be declared a Matter of Urgency.
	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).
246	RESOLVED on the motion of Councillors Bennison and Hutchens that Council:- Investigate separating Sustainability Lane from Rotary Fair and holding it as its own unique event; Conduct a Councillor workshop to discuss the feasibility; and Officers meet with Rotary to discuss Council’s future role in the Fair.
	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).

Council Snapshot

247

RESOLVED on the motion of Councillors Karpin and Palmer 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 9:18pm.

Confirmed at the Ordinary Council Meeting of 27 October 2014, at which meeting the signature herein is subscribed.

MAYOR

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