Ordinary Council Meeting
17 November 2014, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council Meeting
17 November 2014, 7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
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, Director – Special Projects, Director – Major Projects, Financial Controller, Manager – Strategic Planning, Strategic Planner and Manager – Governance.
DECLARATIONS OF INTEREST:
Councillor Strassberg declared non pecuniary conflicts of interest that are non significant in relation to the following items:-
· “Coxs Lane, Lane Cove - Petition Objecting to Widening of Road Between Sutherland Street and Finlayson Street” as he lives in Sutherland Street. He indicated that he would participate in any debate and vote on the item.
· “Lane Cove Traffic Committee Held on 21 October 2014” as item Y7 relates to Lane Cove West Public School and he is a member of the school P&C. 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 Rev. David Misztal of St Andrews Uniting 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.
Council’s Auditor, Mr Dennis Banicevic of PriceWaterhouseCoopers addressed Council.
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Presentation of Annual Financial Statements - Year Ended 30 June 2014 |
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RESOLVED on the motion of Councillors Karpin and Bennison that Council receive the Annual Financial Reports together with the Auditors Report for the Year Ended 30 June 2014. |
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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). |
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Matter Arising |
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ACKNOWLEDGMENT OF CONTRIBUTION TO COUNCIL’S STRONG FINANCIAL POSITION |
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RESOLVED on the motion of Councillors Bennison and Gold that relevant staff and Councillors be thanked for their contribution to being financially prudent over the years and making Council Fit for the Future. |
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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). |
Dr Elise Lowick of Lane Cove, expressing gratitude for the opportunity to address Council and introducing speakers in relation to “Coxs Lane, Lane Cove - Petition Objecting to Widening of Road Between Sutherland Street and Finlayson Street”.
Mike Taylor of the Sutherland Finlayson Coxs Action Group objecting to the widening of Coxs Lane highlighting social and environmental concerns associated with the proposal.
Mari of Lane Cove objecting to the widening of Coxs Lane requesting Council consult with the community on changes impacting surrounding residents and calling on Council to protect the trees in Coxs Lane.
James Greenup of Lane Cove objecting to the widening of Coxs Lane and requesting Council restore and preserve the park.
Jenny Havyatt of Lane Cove objecting to the widening of Coxs Lane and requesting Council preserve the park citing the benefits of green space in urban areas.
John of Lane Cove objecting to the widening of Coxs Lane highlighting traffic and pedestrian safety concerns
Katie Schliebs of Lane Cove on behalf of Lane Cove West Public School P&C supporting the implementation of No Stopping Zones along the northern side of Henley Street at school drop off and pick up times.
Kieran Campbell of Lane Cove West Public School supporting the implementation of No Stopping Zones along the northern side of Henley Street at school drop off and pick up times.
Ruth Newman of Lane Cove North highlighting traffic and parking issues in Lane Cove North requesting a traffic study be conducted and opposing the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North.
Katina Sweeting of Lane Cove North expressing concerns regarding non resident traffic in the area including traffic safety and access to streets and properties and requesting a traffic study be undertaken.
Erica Wallace of Lane Cove North Residents Association requesting a traffic and parking study be undertaken for the Lane Cove North area.
Glenda McSorley of Lane Cove North submitting a petition to Council regarding traffic and parking concerns of residents in Lane Cove North and requesting a traffic and parking study be undertaken for the area.
Jon Johannsen of Lane Cove North supporting appropriate traffic studies for Lane Cove and specifically for the Lane Cove North area, requesting traffic calming measures be considered in the interim and commenting on the Strategic Review of the Lane Cove Alive Leadership Group.
Lana Lubimoff objecting to the widening of Coxs Lane and the removal of trees and suggesting the green space at the site be renamed “Coxs Park”.
Dianna Hallowes of Lane Cove North objecting to the Development Application for 46-54 Gordon Crescent and the associated proposed Voluntary Planning Agreement that relates to 552 Mowbray Road, Lane Cove North.
Guy Hallowes of Lane Cove North objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North.
Dr Greg Purcell on behalf of the Medical Staff Council of Royal North Shore Hospital seeking support for the retention of a portion of land on the Royal North Shore Hospital campus which is proposed for sale.
Susan O’Neill of Lane Cove North expressing concerns in relation to traffic and parking in the Lane Cove North area and requesting a traffic study be undertaken.
Liam Lavery of Lane Cove requesting Council retain the park at Coxs Lane and not proceed with the proposed road widening works.
Ann Proudfoot commending Council on its strong stance and action in relation to the 10/50 Code.
Katie Inglis on behalf of the Forum West, St Leonards objecting to the proposed VPA for 1-13A Marshall Ave citing impact on views to residents in the existing tower.
Don Murchison of Greenwich advocating the need for bicycle infrastructure and access routes to and from St Leonards to cater fo increasing population density throughout the area.
Isabelle Mac Innes expressing concern regarding noise levels in the Lane Cove North precinct resulting from developments in the area, supporting the posting of notices at construction sites identifying permitted working hours and objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road.
Councillor Hutchens left the meeting at 8:13pm
Councillor Bennison left the meeting at 8:13pm
Auke de Ruyter de Wildt of Lane Cove objecting to the widening of Coxs Lane.
Dr Janine Gregson of Lane Cove North expressing concerns with the noise impact assessment and monitoring undertaken in Lane Cove North.
Councillor Hutchens returned to the meeting at 8:18pm
Councillor Bennison returned to the meeting at 8:18pm
Adam Lowick of Lane Cove objecting to the widening of Coxs Lane to provide additional long term parking spaces in the village.
Andrew McLeod of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Heather Reid of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Frances Vissel of Lane Cove North expressing concerns regarding construction noise in the Lane Cove North Precinct, supporting the use of noise barriers and opposed to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Jackie Barker of Lane Cove expressing concern in relation to 1hr parking restrictions for Austin Street, requesting Council restore and preserve the park at Coxs Lane, and suggesting the board for Lane Cove Alive be composed of members from throughout the whole Local Government Area not just those in the village.
Richard Wilmot of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Sally Carr of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Denis Mullane of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Ros Rubinstein of Riverview objecting to the widening of Coxs Lane and urging Council to retain the green space and preserve the trees in the area.
Peter Dale of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Paul Robson of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Alasdair Stuart of Lane Cove North expressing concern in relation to consistent noise levels resulting from heavy construction over a number of years in the Lane Cove North area and urging Council to consider the communities views with regards to both the potential new park at 552 Mowbray Road and the green space on Coxs Lane that will be reduced if the road is widened.
Doug Stuart of Longueville objecting to the widening of Coxs Lane to create additional long term car parking.
Tim Roberts of Lane Cove objecting to the widening of Coxs Lane to create additional long term car parking.
Peter Klug of St Leonards on behalf of the Marshall Avenue West Action Group supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Councillor Brent left the meeting at 8:54pm.
Councillor Brent returned to the meeting at 8:56pm.
Wendy Stamp of St Leonards objecting to the increase in height from 22 to 30 storys proposed for the development at 1-13A Marshall Ave.
Arlette Jubian of Greenwich objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Tanya McGivern of Lane Cove North objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Randy Brophy of St Leonards objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Amanda Buckworth of Lane Cove North objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Tiali Fraser of Lane Cove North objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Brendan of Lane Cove objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
David Lynch of St Leonards commenting on the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards highlighting a Master Plan for the area should be considered prior to the approval of the development and commenting on the effect of River Road through the locality.
Michael Stovin-Bradford objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Councillor Brooks-Horn left the meeting at 9:20pm.
Councillor Brooks-Horn returned to the meeting at 9:21pm.
Anita Jubian of St Leonards objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Tim McGivern objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road Lane Cove North.
Lancy Cai of Lane Cove North supporting the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North commenting on the isolation of the property at 552 Mowbray Road as a result of the proposed development at the rear of the property.
Allan Liu of Lane Cove North supporting the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North commenting on the progression of development that has resulted in the isolation of the property at 552 Mowbray Road.
A letter was read on behalf of Stephen Dammera of St Leonards objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Bronte Stovin-Bradford objecting to the proposed Voluntary Planning Agreement for 46-54 Gordon Crescent and 552 Mowbray Road, Lane Cove North.
Helen Pearson of St Leonards objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Daryl Hart of St Leonards supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Rob Turchini of Loftex supporting the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Councillor Hutchens left the meeting at 9:51pm.
Councillor Hutchens returned to the meeting at 9:52pm.
Patricia Lamont of Lane Cove objecting to the widening of Coxs Lane.
Albert Jubian objecting to the proposed Voluntary Planning Agreement for 1-13A Marshall Avenue, St Leonards.
Andrew Duncan of Lane Cove objecting to the widening of Coxs Lane.
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Coxs Lane, Lane Cove - Petition Objecting to Widening of Road between Sutherland St & Finlayson St |
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RESOLVED on the motion of Councillors Hutchens and Bennison that Council:- 1. Not proceed with the road widening and on-street parking proposal for Coxs Lane, between Finlayson Street and Sutherland Street, as detailed in the Council Report of 17 October 2014; 2. Notify the Head Petitioner of its’ determination; and 3. Prepare a landscape plan in consultation with the residents for the park. |
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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). |
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CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 27 OCTOBER 2014 |
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RESOLVED on the motion of Councillors Bennison and Hutchens that the minutes of the Ordinary Council meeting held on the 27 October 2014 be received. |
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For the Motion were Councillors Cheong, Palmer, Gold, Hutchens, Karpin, Strassberg, Bennison and Brooks-Horn (Total 8). Against the Motion was Nil (Total 0). Absent was Councillor Brent (Total 1). |
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RESOLVED on the motion of Councillors Gold and Strassberg that the minutes of the Ordinary Council meeting held on the 27 October 2014 be confirmed. |
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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). |
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A Motion was moved by Councillors Palmer and Brent that Council rescind its decisions made on 27 October 2014 (Min No. 257) both in response to a direct request from the Mayor of North Sydney and in response to correspondence received from some North Sydney Councillors, viz:- “That Council:- 1. Support the Mayor of North Sydney’s request to have an administrator appointed to restore stability by writing to the Minister for Local Government; and 2. Write to North Sydney Council and rebut their accusations that Lane Cove Council is ‘debt burdened’.” |
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For the Motion were Councillors Brent, Palmer and Strassberg (Total 3). Against the Motion were Councillors Cheong, Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 6). |
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The Motion lapsed. |
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Matter Arising |
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RESPONSE TO CORRESPONDENCE RECEIVED FROM NORTH SYDNEY COUNCIL |
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RESOLVED on the motion of Councillors Bennison and Gold that notwithstanding the Minister for Local Government, the Hon Paul Toole MP has made an order pursuant to s.438A of the Local Government Act 1993 that Council:- 1. Write to the Hon Paul Toole MP in support of the Mayor the Mayor of North Sydney’s request to:- a. Have an administrator appointed, should North Sydney Council not comply with their recent Performance Improvement Order; and b. Have a temporary advisor appointed pursuant to s.438G of the Local Government Act 1993, as this will provide much needed stability for the area; 2. Write to North Sydney Councillors Zoe Baker, Stephen Barbour, Mary Ann Beregi, Tony Carr, Melissa Clare, Jeff Morris, and Michael Reymond and seek a formal apology and retraction for comments made against this Council and in particular Liberal endorsed Councillors that are not true and are disingenuous; and 3. Forward a copy of the letter of support received dated 20 September 2014 from Councillors Zoe Baker, Stephen Barbour, Mary Ann Beregi, Tony Carr, Melissa Clare, Jeff Morris, and Michael Reymond to the Minister as an attachment to the letter in (1). |
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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). |
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Officer Reports for Determination
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Provision of Outdoor Seating for Chargrill Charlies - Lane Cove Plaza |
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RESOLVED on the motion of Councillors Hutchens and Bennison that:- 1. Council receive and noted the report; 2. The General Manager provide the Plaza Working Party with table and chair designs for consideration; and 3. It be noted that it is Council’s intention that such seating is for public seating and not for the exclusive use of Chargrill Charlies. |
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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). |
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Noise Impact Assessment and Monitoring of Major Construction Sites |
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RESOLVED on the motion of Councillors Gold and Hutchens that:- 1. The report be received and noted; 2. The following condition be included in the requirements for the statement of environmental effects:- A report that outlines the potential noise impact to surrounding properties as a result of a proposed use or the potential impact to a residential property from outside noise sources such as traffic and railways. The acoustic report is to be carried out by an appropriately qualified and practicing acoustical consultant and shall include but may not be limited to the following:- · Project description; · Relevant guidelines or policy that has been applied; · Background noise measurements; · Details of instruments and methodology used for noise measurements; · A site map showing noise sources, measurement locations and noise receivers; · Noise criteria applied to the project; · Noise predictions for the proposed activity; · A comparison of noise predictions against noise criteria; · A discussion of proposed noise mitigation measures, the noise reduction likely and the feasibility and reasonableness of these measures; and · How compliance can be practically determined. 3. Council continue to monitor construction sites to ensure conditions of consent, in particular hours of operation are being complied with. |
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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). |
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A Motion was moved by Councillor Bennison and Hutchens that:- 1. Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 21 October 2014 with the exception of Item Y7 Henley Street; and 2. Item Y7 be deferred to a Councillor Workshop. |
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A Foreshadowed Motion was moved by Councillors Palmer and Brent that adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 21 October 2014. |
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Upon being put to the Meeting the Motion was declared carried. |
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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). |
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The Foreshadowed Motion lapsed. |
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A Motion was moved by Councillors Bennison and Gold that:- 1. Council receive and note the contents of the Report; 2. The Working Party be requested to develop a Business Plan for Lane Cove ALIVE Leadership Group; 3. The Draft Business Plan, proposed Terms of Reference and governance arrangements be workshopped by Councillors in February 2015; and 4. Council thank the former members of the Lane Cove ALIVE Board for their contribution to the community of Lane Cove over the years. |
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A Foreshadowed Motion was moved by Councillors Brent and Palmer that:-
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Upon being put to the Meeting the Motion was declared carried. |
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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). |
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Foreshadowed Motion lapsed. |
Councillor Gold left the meeting at 12:01am.
Councillor Gold returned to the meeting at 12:03am.
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Invitation To Join The Small Business Friendly Council's Program |
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RESOLVED on the motion of Councillors Bennison and Hutchens that the matter be deferred until Council completes its ‘Fit for the Future’ submission. |
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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). |
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Update on Compulsory Acquisition of 296 Burns Bay Road, Lane Cove |
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RESOLVED on the motion of Councillors Palmer and Cheong that Council:- 1. Note the progress in respect of the compulsory acquisition of Lot 31 DP 540796, 296 Burns Bay Road, Lane Cove; and 2. On acquisition, classify Lot 31 DP 540796, 296 Burns Bay Road, Lane Cove, as Operational Land within the meaning of the Local Government Act 1993. |
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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). |
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RESOLVED on the motion of Councillors Brooks-Horn and Karpin that:- 1. Council adopt the Draft Annual Report at AT-1 for 2013/2014; 2. The adopted Annual Report be forwarded to the Minister for Local Government; and 3. The Annual Report be published on Council’s website. |
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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
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1st Quarter Review of the 2014-15 Delivery Program and Operational Plan |
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RESOLVED on the motion of Councillors Brooks-Horn and Karpin that the 1st Quarter Review of the 2014-15 Delivery Program and Operational Plan be received and noted. |
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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). |
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RESOLVED on the motion of Councillors Karpin and Hutchens that Council receive and note the report. |
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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). |
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RESOLVED on the motion of Councillors Hutchens and Karpin that Council receive and note the report. |
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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 12:08am.
Confirmed at the Ordinary Council Meeting of 8 December 2014, at which meeting the signature herein is subscribed.
MAYOR
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