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Minutes

Ordinary Council Meeting

21 March 2016 6:39pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 21 March 2016

Minutes

 

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

 

DECLARATIONS OF INTEREST:

 

Councillor Bennison declared a pecuniary conflict of interest in relation to Rosenthal Avenue Development - Update On Commercial Terms” as he has purchased a unit across the street from the site in Birdwood Avenue.  He advised he would vacate the chamber and not debate or vote on the item.

 

Councillor Bennison declared a pecuniary conflict of interest in relation to the “Tender for River Road Embankment Stabilisation” as one of his clients has tendered for the works. He advised he would vacate the chamber and not debate or vote on the item.

 

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to the “Rosenthal Avenue Development - Update On Commercial Term” as he is Board Member of the Lane Cove Club located across the street from the site.  He advised he would debate and vote on the item.

 

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:

 

Aquisition of Land for a Park at Pinaroo Place, Lane Cove North

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.

 

Rosenthal Avenue Development - Update on Commercial Terms

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.

 

No members of the public made representations.


 

 

CLOSED COMMITTEE

31

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

1.      Council 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; and

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 Crs Gold, Hutchens, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 7).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:41pm.  The public and media left the chamber.

 

Open Council resumed at 7:09pm.  The public and media were invited into the chamber.

 

Cr Brent left the meeting at 7:10pm.

 

Cr Brent returned to the meeting at 7:14pm.

 

APOLOGIES  

Apologies were received on behalf of Councillors Cheong and Karpin.

32

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

 

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

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Stephen Pym of Greenwich Presbyterian 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.


 

 

Confidential Items

 

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

 

Aquisition of Land for a Park at Pinaroo Place, Lane Cove North

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.

33

RESOLVED on the motion of Councillors Gold and Brooks-Horn that Council supports the ongoing negotiations with LAHC regarding the acquisition of 10-20 Pinaroo Place, Lane Cove North

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison left the meeting at 7:17pm. 

 

Rosenthal Avenue Development - Update on Commercial Terms

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.

34

RESOLVED on the motion of Councillors Gold and Brooks-Horn that Council note the advice on the update of the commercial terms for the Rosenthal Car Park redevelopment project, proceed as outlined in Closed Session and a further report be submitted to the April Council meeting.  

 

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

Against the Motion was Nil (Total 0).

Absent was Cr Bennison (Total 1).

 

Cr Bennison returned to the meeting at 7:18pm.

 

Procedural Motion

35

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Fleming Street Road Naming and Addressing” be brought forward and dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Fleming Street Road Naming and Addressing

36

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

1.      Resolve to rename the private roadway Nichols Close;

4.      Exhibit the proposed street name for public comment for six (6) weeks as per the consultation strategy outlined in the report; and

5.      Consider a report on the outcome of the public exhibition.

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 FEBRUARY 2016 AND EXTRAORDINARY COUNCIL MEETING - 22 FEBRUARY 2016

37

RESOLVED on the motion of Councillor Brooks-Horn and Gold that the minutes of the Ordinary Council meeting held on the 15 February 2016 be received.

 

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

Against the Motion was Nil (Total 0).

38

RESOLVED on the motion of Councillor Brooks-Horn and Gold that the minutes of the Extraordinary Meeting of 22 February 2016 be received.

 

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

Against the Motion was Nil (Total 0).

39

RESOLVED on the motion of Councillor Brooks-Horn and Gold that the minutes of the Ordinary Council meeting held on the 15 February 2016 and Extraordinary Council meeting of 22 February 2016 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Control of Leighton Green Trees

 

MOTION

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

1.    A report be submitted to Council on the controls and methods available to Council to regulate the use and impact of Leighton Green Cypress trees and the like, including landscaping controls relating to planting along boundaries, minimum clearance from boundary to building, height restrictions, maintenance, view preservation, and minimising overshadowing; and

2.    Council place the Camphor Laurel tree species on the LCC Fast Track ‘exempt list’, without height restrictions, to permit works on this species, including all removal or pruning, in any situation (no Tree Permit or Development Application required).

 

 

 

 

AMENDMENT

An Amendment was moved by Councillors Palmer and Brent that:-

1.    A report be submitted to Council on the controls and methods available to Council to regulate the use and impact of Leighton Green Cypress trees and the like, including landscaping controls relating to planting along boundaries, minimum clearance from boundary to building, height restrictions, maintenance, view preservation, and minimising overshadowing; and

2.    A report be submitted to Council on placing the Camphor Laurel tree species on the LCC Fast Track ‘exempt list’, without height restrictions, to permit works on this species, including all removal or pruning, in any situation (no Tree Permit or Development Application required).

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Motion were Crs Palmer and Brent (Total 2).

Against the Motion were Crs Gold, Hutchens, Bennison, Brooks-Horn and Strassberg (Total 5).

40

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

 

For the Motion were Crs Gold, Hutchens, Bennison, Brooks-Horn and Strassberg (Total 5).

Against the Motion were Crs Palmer and Brent (Total 2).

 

Councillor Representation on JRPP

41

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

1.   Council seek legal advice with respect to whether a Councillor member of the JRPP in performing their duties as a public official, has a conflict of interest where the JRPP is considering a development application which was the subject of a VPA adopted by Council; and

2.   If appropriate, the General Manager submit such advice to the JRPP indicating the legal position and they be requested to update their Code of Conduct and other information to provide clarity on the issue.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

42

RESOLVED on the motion of Councillors Brooks-Horn and Gold that “Sale of 314 Burns Bay Road, Lane Cove” be brought forward and dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Sale of 314 Burns Bay Road, Lane Cove

43

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

1.               Council reject all tenders and as Council has called tenders and identified suitable organisations in the development market capable of undertaking the project, rather than call fresh tenders, enter into direct negotiations with the two (2) highest tenderers to improve the financial return, financial security, retained assets and design outcomes;

2.   The General Manager be authorised to conduct such negotiations; and

3.   A further report be submitted to Council outlining the results of the negotiations.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Draft DCP: Lithgow STREET / Christie STREET / Pacific HIGHWaY Precinct, St Leonards

44

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

1.    Council approve the draft Development Control Plan attached at AT-1 for public exhibition subject to further detail being included on the retail internal courtyard and undertake community consultation for a period of six (6) weeks in accordance with the consultation strategy outlined in this report;         

2.    An independent review of the DCP be undertaken for Council during public exhibition; and

3.    The public exhibition be undertaken at the same time as the LEP Planning Proposal 20 and draft Voluntary Planning Agreement for the site.

 

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

Against the Motion was Nil (Total 0).

 

Voluntary Planning Agreement - Winten Site, 75 - 79 Lithgow St and 84 - 90 Christie St, St Leonards

45

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

1.   The report be received and noted;

2.   Council give notice of its intention to enter into a Voluntary Planning Agreement as outlined in the report with the developer of the subject site in accordance with the consultation strategy outlined in the report in conjunction with the Planning Proposal; and

3.   Following the community consultation, a further report be submitted to Council for determination.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Management of Affordable / Key Worker Housing

46

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

1.   Receive and note the information.

2.   The following eligibility criteria be adopted,  in order of importance, to be used in the assessing of applications for Affordable / Key Worker Housing:-

a)   The applicant/s must have Australian citizenship or permanent residency;

b)   The applicant/s is to have a connection to Lane Cove LGA and or serves/works in Lane Cove LGA (e.g. employees of organisations servicing the Lane Cove LGA such as North Shore Hospital or Chatswood LAC for policing);

c)   The applicant/s does not have assets which they could be reasonably expected to use to solve their housing need; and

d)   The applicant/s income levels are generally consistent with the NRAS income limits.

3.   The following strategies be adopted in relation to the management of Affordable / Key Worker Housing:-

a)   Occupancy is a privilege not a right;

b)   Leases shall be for a maximum of two (2) years, with a 6 month probation period;

c)   A review of the eligibility of the tenant/s will be conducted every 12 months; and

d)   Vacancies will be direct marketed to local organisations.

4.   A report come back to Council regarding the allocation of tenancies following the first round of applications.

 

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

Against the Motion was Nil (Total 0).

 

Policy on Addressing

47

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

1.   Approve the  attached draft Policy on Addressing for the purpose of public exhibition and exhibit the proposed Policy on Addressing for a period of six (6) weeks in accordance with the consultation strategy outlined in this report;

2.   Insert into the Development Application Checklist a requirement that addresses submitted with a proposal at the DA stage are in accordance with the AUM; and

3.   Approve a standard Condition of Consent referencing compliance with the approved numbering system, compliant with NSW Addressing Users Manual.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Little Lane Change of Name

48

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

1.   Propose renaming Little Lane to Pottery Lane;

2.   Place the proposed road renaming on public exhibition in accordance with the consultation strategy outlined in the report for a period of 6 weeks; and

3.   Consider a further report on the outcome of the public exhibition.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison left the meeting at 7:54pm.

 

Tender for River Road Embankment Stabilisation

49

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

1.    Council accept the tender from Specialised Geo Pty Ltd for the River Road Embankment Stabilisation for an amount of $846,700; and

2.    The General Manager be authorised to enter into contracts with Specialised Geo Pty Ltd.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison returned to the meeting at 7:55pm

 

2016 / 2017 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

50

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

1.   Council adopt for the purpose of public exhibition, the 2016-2017 Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan);

2.   Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report;

3.   Following public exhibition, the Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan) together with any submissions received, be considered at the Council meeting to be held 16 May 2016; and

4.   Council notes that some road works on Longueville Road and Burns Bay Road are proposed in the Draft Delivery Program for the next year to improve surface conditions for cyclists.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Nominations for Community Members on Council's  Advisory Committees

51

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

1.   Council endorse Deborah Hill, Ajaya Jayarao and Geraldine Levett for appointment to the Cammeraygal Advisory Committee;

2.   Council endorse Margaret Frances Edwards and Geraldine Levett for appointment to the Lane Cove Cultural Advisory Committee;

3.   The charter for the Recreation Precinct Liaison Advisory Committee be amended to allow the appointment of three (3) community representatives with an interest in sport to be accommodated at the facility;

4.   Council endorse Gregg Dwyer, Robert David Forsyth Hunter and David Geoffrey Astridge for appointment to the Recreation Precinct Liaison Advisory Committee;

5.   Council endorse Gareth Edward Bourne, Robert Cartwright, Dr Ruth Neumann, Toby Wetherill, Erica Wallace, Mark Joyner for appointment as community representatives to the Lane Cove North Advisory Committee

6.   Council endorse Guy Rupert Hallowes and Andrew Lee as representatives of the Stringybark Creek Residents’ Association and Michael Rogers and June Hefferan as representatives of the Lane Cove North Residents’ Association for appointment to the Lane Cove North Advisory Committee; and

7.   The nominees be advised of Councils’ decision.

 

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

Against the Motion was Nil (Total 0).

 

Greenwich Village Games 2016

52

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

1.   Receive and note the information;

2.   Support the 2016 Greenwich Village Games being conducted by the Greenwich Village Games Organising Committee; and

3.   Appoint the following representatives to the 2016 Organising Committee the three (3) East Ward Councillors, Sandy Calder (Chairman,) Michael Armati (Deputy Chairman), Lynne Spencer (Secretary) and Craig Stafford (Treasurer). Other committee members to include Regan Bull, Jon Stormont, Ben Wilson, Jon Tindall, Maddison Bates-Willis, Anna-Lise Sewell, Anne-Marie Sirca, Kirsty Oliver, Peter Walton, Fiona Ell, Mark Merrick, Stephen Sheperd, Jane Marquard and Richard Hawkins. Team captains including Dennis Karp, Tony King, Penny Williams, Jon Tindall, Nick Tindall, James Burton, Fiona Ell, Ray Karslake, Chris Rossiter, Midi Stormont, Chris Scougall, Dennise Terry, Ben Wilson, Briony Black, Michael Ryland, Leanne Keene and Bede Thompson.

 

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

Against the Motion was Nil (Total 0).

 


 

 

Officer Reports for Information

 

Dept of Planning View on Lane Cove West Industrial Precinct

53

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

 

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

Against the Motion was Nil (Total 0).

 

WasteLocate - Asbestos Waste Tracking System

54

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

 

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

Against the Motion was Nil (Total 0).

 

Council Snapshot

55

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

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:09pm.

 

Confirmed at the Ordinary Council Meeting of Tuesday 26 April 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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