Minutes of Ordinary Council

Ordinary Council 19 October 2015

Minutes

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor M. Gold, Councillor D. Brooks-Horn, 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, Manager – Strategic Planning, Strategic Planners and Manager – Governance.

DECLARATIONS OF INTEREST: Nil

APOLOGIES

Apologies were received on behalf of Councillor Cheong.

187

RESOLVED on the motion of Councillors Karpin and Gold that the apology be accepted and leave of absence granted.

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

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

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

WEBCASTING OF COUNCIL MEETING

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

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

SUSPENSION OF STANDING ORDERS

188

RESOLVED on the motion of Councillors Brent and Brooks-Horn 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 Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Ray Kearney of Lane Cove West supporting Council’s recommendation to refuse Planning Proposal 21 relating to 1 Sirius Road, Lane Cove West.

Ron Gornall of Lane Cove LCBCS, supporting the comments of the previous speaker and Council’s recommendation to refuse Planning Proposal 21 relating to 1 Sirius Road, Lane Cove West, requesting that current zoning for the area be retained.

Jacqueline Wilmot of Liverpool Plains in support of the Notice of Motion ‘Sister City Gunnedah’ regarding the establishment of the proposed Shenhua Watermark coal mine on agricultural land citing concerns including environmental impacts and food and agricultural industry security.

Caroline Russell of Liverpool Plains in support of the Notice of Motion ‘Sister City Gunnedah’ regarding the establishment of the proposed Shenhua Watermark coal mine citing concerns including water quality and food security.

Sally Kennedy of Longueville in support of the Notice of Motion ‘Sister City Gunnedah’ citing concerns including long term impacts on the viability of the agricultural land throughout the region.

Owen Hasler, Mayor of Gunnedah, tabling background information about the Shenhua Watermark coal mine proposal and approval process and requesting Council support Gunnedah Council’s position on the establishment of Shenhua Watermark coal mine.

Don Murchinson of Greenwich congratulating the Mayor and Deputy Mayor on their recent appointments and Council on the success of the recent Big Family Fun Ride and expressing concerns about the prospect of forced Council amalgamations without a referendum including loss of local identity, support for local initiatives and rate increases.

Richard Pearson, planning consultant from Statewide Planning in support of Planning Proposal 21 in relation to 1 Sirius Road, Lane Cove West.

Sarah Bradshaw of Lane Cove North expressing concerns regarding the proposed development of a child care centre on 30-30A Landers Road including size and scale of the centre, traffic and residential access impacts, pedestrian safety.

Ruth Newman of Lane Cove North expressing concerns regarding the proposed development of a child care centre on 30-30A Landers Road including the proposed location, size and scale of the centre and traffic impacts throughout the surrounding streets.

Chris B of Lane Cove commenting on Council’s meeting procedure in relation to Public Forum speaker timeframes.

Rob White of Lane Cove North objecting to the development application for a child care centre on 30-30A Landers Road specifically the size and scale of the proposed facility citing concerns including traffic and parking impacts, height scale and overshadowing and visual impacts.

Angela Burkett of Lane Cove North objecting to the development application for a child care centre on 30-30A Landers Road citing concerns including noise pollution and privacy impacts to surrounding residents.

Katina Sweeting of Lane Cove North objecting to the development application for a child care centre on 30-30A Landers Road highlighting existing challenges impacting the area specifically parking, traffic and safety concerns and requesting Council conduct a traffic survey of the area.

Councillor Brooks-Horn left the meeting at 8:01pm.

Frances Vissel on behalf of the Lane Cove Bushland and Conservation Society opposing Planning Proposal 21 in relation to 1 Sirius Road, Lane Cove West citing concerns including impact on surrounding bushland.

Councillor Brooks-Horn returned to the meeting at 8:03pm.

Maralyn Lawson supporting the comments of the previous speaker and requesting Council refuse Planning Proposal 21 in relation to 1 Sirius Road, Lane Cove West.

Alasdair Stuart of Lane Cove thanking Council for the implementation of controls regulating local development activity and objecting to Planning Proposal 21 in relation to 1 Sirius Road, Lane Cove West.

Clair O’Brien of Riverview in support of the Notice of Motion ‘Sister City Gunnedah’ regarding the establishment of the proposed Shenhua Watermark coal mine citing concerns including impact on the local community and environment.

Matthew Daniels from Statewide Planning in support of Planning Proposal 21 in relation to 1 Sirius Road, Lane Cove West.

Laura Mooney of Longueville in support of the Notice of Motion ‘Sister City Gunnedah’ regarding the establishment of the proposed Shenhua Watermark coal mine urging Council to support farmers in the Liverpool Plains region.

RESUMPTION OF STANDING ORDERS

189

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Standing Orders be resumed.

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

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 SEPTEMBER 2015 AND EXTRAORDINARY COUNCIL MEETING – 6 OCTOBER 2015
190	RESOLVED on the motion of Councillors Bennison and Gold that the minutes of the Ordinary Council meeting held on the 21 September 2015 be received.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).
191	RESOLVED on the motion of Councillors Brooks-Horn and Gold that the minutes of the Ordinary Council meeting held on the 21 September 2015 be confirmed.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).
192	RESOLVED on the motion of Councillors Brooks Horn and Brent that the minutes of the Extraordinary meeting held on 6 October 2015 be received.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).
193	RESOLVED on the motion of Councillors Brooks-Horn and Gold that the minutes of the Extraordinary meeting held on 6 October 2015 be confirmed.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Mayoral Minutes

Mayoral Minute - Fit for the Future Response to Forced Amalgamations

194

RESOLVED on the motion of Councillor Hutchens that:-

1. The tabled legal advice from Maddocks Lawyers be made public;

2. Council forward a copy of the legal advice from Maddocks Lawyers to LGNSW and give them express permission to circulate to all Councillors and other persons as they see fit;

3. Council write to Trent Zimmerman, acting President of State Executive, Liberal Party of Australia NSW Division and seek his support for the JRA model;

4. The General Manager be authorised upon request from the Mayor to organise such community meetings as and when required to discuss the findings from the IPART and response from the State Government;

5. The General Manager write to LGNSW and request that they challenge the assertions made in the television advertisements ‘Stronger Councils. Stronger Communities.’ and specifically refer to items previously mentioned in this Mayoral Minute; and

6. Council write to our Local Member the Hon. Anthony Roberts and ask that he reaffirms his position that he is against forced amalgamations and supports our JRA model.

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

Against the Motion was Nil (Total 0).

Orders Of The Day

INdigenous Politics day

195

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council thank the following participants of the Indigenous Students Day held on Thursday 15 November 2015:-

St Ignatius College, Riverview;
St Joseph’s College, Hunters Hill;
St Augustine’s College, Brookvale;
Wenona School; North Sydney;
Loretto, Normanhurst;
Constance Chatfield, Local Government NSW Aboriginal Liaison Officer
Shane Phillips of Tribal Warrior;
Community Representatives Frances Vissel, Ron Gornall and Lyn Partridge; and
Craig Dalli, Council’s Executive Manager – Corporate Services who organised the event.

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

Against the Motion was Nil (Total 0).

Congratulations on appointment - treasurer lg NSW
196	RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council congratulate Councillor Scott Bennison on his election as Treasurer for Local Government NSW
	Congratulations were shown by acclamation.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

resignation of joe Hockey
Joe Hockey tendered his resignation today serving over 20 years as Member for North Sydney.
197	RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council send a letter of thanks to Joe Hockey for his service to Lane Cove over the last 20 years.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Notices of Motion

Procedural Motion

198

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that ‘Notice Of Motion - Sister City Gunnedah’ be brought forward and dealt with as the next item.

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

Against the Motion was Nil (Total 0).

Notice of Motion - Sister City Gunnedah
	MOTION A motion was moved by Councillors Palmer and Strassberg that Council:- 1. Declares its support for the people of our sister city in Gunnedah who are working to protect their land, water and environment from the impacts of Shenhua’s Watermark coal mine; and 2. Writes to the Gunnedah Shire Council and to the Member for Lane Cove, the Hon. Anthony Roberts MP:- a) To express Council’s deep support for the committed community members who are protecting the land, water and environment of this nationally important area; and b) To request their support to stop the approval of the mine.
	AMENDMENT An Amendment was moved by Councillors Bennison and Brooks-Horn that Council declares its support for the people of our sister city in Gunnedah.
	Upon being put to the Meeting the Amendment was declared carried.
	For the Motion were Councillors Gold, Hutchens, Karpin, Bennison and Brooks-Horn (Total 5). Against the Motion were Councillors Palmer, Brent and Strassberg (Total 3).
	The Amendment became the Motion.
199	Upon being put to the Meeting the Motion was declared carried.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Matter Arising
MINING EXPLORATION LICENCES IN LANE COVE
200	RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council send a letter of gratitude to our Local Member the Hon. Anthony Roberts in his capacity as Minister for Industry, Resources and Energy, for buying back the license in March 2015 to mine in Lane Cove that was issued by the former Labor State Government and supported by the Greens.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg(Total 8). Against the Motion was Nil (Total 0).

Notice of Motion - Resident Advice Out of Hours Work

201

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

1. Council make it a condition for any Council approved work outside the approved hours, that all affected residents are notified at a minimum 36 hours prior to the work commencing by way of individual letter box drop;

2. Staff to determine the affected area based on proximity and topography to the site;

3. An easy to locate button be set up on Council’s website with clear information on out of hours approvals with basic information and details; and

4. Council write to relevant state government infrastructure organisations and ask them to adopt a similar process, as outlined above, for after hours work.

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

Against the Motion was Nil (Total 0).

Officer Reports for Determination

Planning Proposal 21: 1 Sirius Road

202

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

1. Council not support Planning Proposal 21 to rezone 1 Sirius Rd from IN2 Light Industrial to B4 Mixed Use for the following reasons:-

i. The proposal is inconsistent with State and Council strategic planning documents;

ii. Rezoning to permit predominantly residential land uses would pre-empt the NSW Department of Planning & Environment's release of subregional / district plans, and the results of its recent investigations into the potential of employment lands regionally

iii. The site is a valuable local contribution to the Global Economic Corridor and a residential use would reduce “employment land” in the area;

iv. Rezoning to permit residential use would compromise future IN2 uses in the precinct, with likely land use conflicts with industrial neighbours;

v. An independent study for Council by consultancy Hansen Yuncken has demonstrated that light industrial development, suitable for high tech uses, is feasible on this site, and the site can accommodate industrial vehicles;

vi. Residential development is not needed to meet Council’s housing targets;

vii. It is not near a commercial/retail centre or community facilities;

viii. The site is not near public transport (900m walk through industrial precinct);

ix. Only one entry/egress is possible, which is a risk to emergency vehicles, under Rural Fire Service policies;

x. Commercial (B4) use of the site would not provide more employment than IN2;

xi. The impact on air quality from the adjacent Lane Cove Tunnel stack;

xii. Environmental conflicts exist between remnant bushland and proposed work; and

xiii. The proposed residential buildings would be visually intrusive and out of scale with surrounding development;

2. The applicant be advised of Council’s decision

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

Against the Motion was Nil (Total 0).

Matter Arising
department of planning interest in Rezoning of 1 Sirius Road
203	RESOLVED on the motion of Councillors Bennison and Brooks-Horn that having regard to the Sydney Metropolitan Strategy, Council write to the Department of Planning and confirm if the Department of Planning has any interest in Council rezoning the area.
	For the Motion were Councillors Gold, Hutchens, Karpin, Bennison, Brent, Brooks-Horn and Strassberg (Total 7). Against the Motion was Councillor Palmer (Total 1).

Finalisation of LEP Amendment - 302-314 Burns Bay Road

204

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

1. Adopt Local Environmental Plan Draft Amendment No 19 in relation to 302-314 Burns Bay Road for finalisation, as exhibited, to:-

a) Modify the zoning boundary between the RE1 Public Recreation Zone and R4 High Density Residential Zone to align with the new road boundary over 302-314 Burns Bay Road (Lot 102 DP 1013285); and

b) Reclassify as Operational Land the portion of 304-314 Burns Bay Road Lane Cove located to the west of the eastern boundary of Waterview Drive, as described in Planning Proposal 19; and

2. Publish on its website the Commissioner’s Report within four (4) days of the above resolution, as required under Section 47G(3) of the Local Government Act 1993.

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

Against the Motion was Nil (Total 0).

Draft Sustainability Action Plan

205

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

1. The Draft Sustainability Action Plan 2016-2021 be placed on public exhibition for five (5) weeks in accordance with the Consultation Strategy outlined in the report; and

2. A Report be submitted to Council following the public exhibition period.

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

Against the Motion was Nil (Total 0).

Lane Cove Traffic Committee Meeting Held 29 September 2015

206

RESOLVED on the motion of Councillors Gold and Karpin that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 29 September 2015.

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

Against the Motion was Nil (Total 0).

Matter Arising
local state members representative on lane cove traffic committee
207	RESOLVED on the motion of Councillors Bennison and Gold that Council seek a replacement member for the Local State Members Representative on the Lane Cove Traffic Committee.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg(Total 8). Against the Motion was Nil (Total 0).

Officer Reports for Information

Pecuniary Interest Returns 2015

208

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council note the tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2014 till 30 June 2015.

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

Against the Motion was Nil (Total 0).

Lane Cove's Festival by the River

209

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that the report be received and noted.

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

Against the Motion was Nil (Total 0).

Council Snapshot

210

RESOLVED on the motion of Councillors Gold and Bennison that the report be received and noted.

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg(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:

Expressions of Interest - Management of the Lane Cove Art and Design Makers Markets

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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.

Opportunity to Purchase Land at Greenwich for Open Space Purposes

Mayoral Minute - Fit for the Future

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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.

No members of the public made representations.

CLOSED COMMITTEE

211

RESOLVED on the motion of Councillors Palmer and Bennison 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 Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

Closed Committee commenced at 9:17pm. The public and media left the chamber.

Open Council resumed at 9:20pm. The public and media were invited into the chamber.

Confidential Items

The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

Opportunity to Purchase Land at Greenwich for Open Space Purposes
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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.
212	RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Council proceed in accordance with the recommendation outlined in this report.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Mayoral Minute - Fit for the Future
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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.
213	RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that Council proceed in accordance with the recommendation outlined in this report.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Expressions of Interest - Management of the Lane Cove Art and Design Makers Markets
It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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.
214	RESOLVED on the motion of Councillors Brooks-Horn and Gold that:- 1. The proposal from Parklife Partnership Pty Ltd for the management of the Lane Cove Alive Markets be accepted and a three (3) year Agreement be entered into with a two (2) year option in favour of Council; and 2. The General Manager be authorised to complete the final form of Agreement.
	For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 9:21pm.

Confirmed at the Ordinary Council Meeting of Monday, 16 November 2015, at which meeting the signature herein is subscribed.

MAYOR

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