Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

26 April 2016, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

LC_WebBanner


Ordinary Council 26 April 2016

Minutes

 

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

 

DECLARATIONS OF INTEREST:

 

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to theProposed Partial Road Closure – Rosenthal Car Park Development”, “Amended Head Contractor Procurement Strategy - Proposed Redevelopment Of Rosenthal Car Park SiteandRosenthal Avenue Development - Second Update On Commercial Terms” as he is a Board Member of the Lane Cove Club located across the street from the site.  He advised he would debate and vote on the items.

 

Councillor Bennison declared a pecuniary conflict of interest in relation to Proposed Partial Road Closure – Rosenthal Car Park Development”, “Amended Head Contractor Procurement Strategy - Proposed Redevelopment Of Rosenthal Car Park SiteandRosenthal Avenue Development - Second 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 items.

 

APOLOGIES  

Apologies were received on behalf of Councillor K. Brent.

56

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

 

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

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Reverend Eric Percival of St. Giles Anglican Church, Greenwich.

 

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

57

RESOLVED on the motion of Councillors Cheong 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 minutes.

 

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

Against the Motion was Nil (Total 0).

 


 

PUBLIC FORUM

Stephen Bowers of Greenwich requesting Council refrain from any further legal expenditure in relation to Fit for the Future proceedings, highlighting that he was unable to access Traffic Committee Agenda attachment from Council’s website and requesting that Item 1 “St Giles Avenue - Installation of Parking Restrictions” of the March 2016 Traffic Committee be deferred to allow further community consideration.

 

James Leslie of Leslie Hargrave Lawyers summarising the action taken by Councillor Bennison at NCAT on behalf of Council in relation to the Access to Information request lodged with the NSW Government for access to the KPMG merger report and associated documents.

 

Doug Stuart on behalf of RASAD expressing concerns in relation to the proposed development of Rosenthal Avenue noting RASAD had not been notified in relation to the Proposed Partial Road Closure and requesting that Council not support the proposed road closure.

 

Ruth Neumann of Lane Cove North expressing concerns in relation to the Karrilla / Parklands rat run and supporting Option 1 outlined in Council’s recent neighbourhood consultation for proposed traffic / parking alterations in Lane Cove North being left hand out only (from Karilla Ave to Centennial Ave) and no entry into Karilla Ave from Centennial Ave. 

 

Jon Johannsen of Lane Cove North expressing concerns with current traffic arrangements in the Lane Cove North area, specifically Karrilla Avenue in relation to speed, safety and loss of amenity and suggesting traffic calming methods be considered to minimise impacts to residents.

 

Charles Burge of Lane Cove North speaking in relation to the Karrilla / Parklands rat run and supporting Option 1 outlined in Council’s recent neighbourhood consultation for proposed traffic / parking alterations in Lane Cove North being left hand out only (from Karilla Ave to Centennial Ave) and no entry into Karilla Ave from Centennial Ave, noting this option will require a change, and potential improvement, to the current school bus route.

 

Maureen Martin of Lane Cove North tabling a petition to Council supporting Option 1 outlined in Council’s recent neighbourhood consultation for proposed traffic / parking alterations in Lane Cove North being left hand out only (from Karilla Ave to Centennial Ave) and no entry into Karilla Ave from Centennial Ave. 

 

John Newing of Lane Cove North expressing safety concerns in relation to the Karrilla / Parklands rat run supporting Option 1 outlined in Council’s recent neighbourhood consultation for proposed traffic / parking alterations in Lane Cove North being left hand out only (from Karilla Ave to Centennial Ave) and no entry into Karilla Ave from Centennial Ave.

 

RESUMPTION OF STANDING ORDERS

58

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

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

59

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that March 2016 Traffic Committee” be brought forward and dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

March 2016 Traffic Committee

60

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 29 March 2016 with the exception of Item 1, “St Giles Avenue - Installation of Parking Restrictions” which is to be deferred for discussion at the next Councillor workshop.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison left the meeting at 7:40pm.

 

Procedural Motion

61

RESOLVED on the motion of Councillors Hutchens and Gold that Proposed Partial Road Closure – Rosenthal Car Park Development” be brought forward and dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

Absent was Cr Bennison (Total 1).

 

Proposed Partial Road Closure – Rosenthal Car Park Development

62

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

1.    Note that following public notification in the North Shore Times on 18 November, 2015 and by letters to relevant stakeholders, no valid objections were received to the proposed partial closure of relevant parts along Rosenthal Avenue and Birdwood Lane;

2.    Apply to the Department of Primary Industries – Lands to formally close as public road those parts along Rosenthal Avenue and Birdwood Lane as shown in AT 1; and

3.    Note that the design parameters for the Rosenthal Development maintain 24 hour vehicle access to Birdwood Lane.

 

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

Against the Motion was Nil (Total 0).

Absent was Cr Bennison (Total 1).

 

Cr Bennison returned to the meeting at 7:48pm.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MARCH 2016

63

RESOLVED on the motion of Councillors Gold and Bennison that the minutes of the Ordinary Council meeting held on the 21 March 2016 be received.

 

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

Against the Motion was Nil (Total 0).

64

RESOLVED on the motion of Councillors Gold and Palmer that the minutes of the Ordinary Council meeting held on the 21 March 2016 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Cr Cheong left the meeting at 7:50pm.

Cr Brooks-Horn left the meeting at 7:52pm.

Crs Cheong and Brooks-Horn returned to the meeting at 7:53pm.

 

Fit for the Future - Response and Merger Cost Assumptions

65

RESOLVED on the motion of Councillors Bennison and Gold that the matter be deferred and a report be prepared by the General Manager with respect to current / recent court actions together with supporting documentation for Council’s consideration, having regard to the NCAT hearing scheduled for 18 May 2016.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Extension of Temporary Alcohol Prohibited Areas & Alcohol Free Zones for New Year's Eve and New Year's Day

66

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that the following Temporary Alcohol Prohibited Areas and Alcohol Free Zones be established from 6.00pm on 31 December 2016 to 9.00am on 1 January 2017 in accordance with Section 632A and Section 644 of the Local Government Act 1993 and the arrangements be maintained each New Years Eve and New Years Day for the next 4 years until 9.00 am on 1 January 2020:-

Alcohol Free Zones (Streets, Car Parks and Footpaths):-

·    Greenwich- Prospect Street, O’Connell Street, Albert Street, George Street, Victoria Street, O’Connell Street, East Street, Mitchell Street, Chisholm Street, Edwin Street, Vista Street, Upper Serpentine Road, Lower Serpentine Road, Harrison Street, Church Street, and Greenwich Road; Bay Street and St Lawrence Street.

·    Longueville - Dunois Street, Wharf Road, Wilson Street, Arabella Street, Nott Lane, Stuart Street, Mary Street, and William Edward Street;

·    Northwood - Northwood Road (to Point Road) and Kelly’s Esplanade; and

·    Riverview - Kallaroo Road and Karingal Road.

Alcohol Prohibited Areas (Public Parks and Reserves):-

·    Greenwich - Manns Point Reserve, Greenwich Point Reserve, Shell Park, Holloway Park, Bayview Park and Greendale Park;

·    Longueville - Aquatic Park, Griffith Park, Longueville Park, Wharf Road Reserve, and Kingsford Smith Oval; 

·    Northwood - Woodford Bay – Bicentennial Reserve and Lloyd Rees Park; and

·    Riverview - Tambourine Park.

 

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

Against the Motion was Nil (Total 0).

 

Cr Karpin left the meeting at 7:58pm.

Cr Karpin returned to the meeting at 8:02pm.

 

Swimming Pool Amendments

67

RESOLVED on the motion of Councillors Cheong and Gold that in light of recent legislative changes Council adopt the following procedures in relation swimming pool certification:-

1.   An  Emergency Order is served on the existing owner if the pool barrier is found to be defective;

2.   Penalty Infringement Notices are issued after the 90 day period if the pool barrier remains unsatisfactory; and

3.   Further legal action be taken as necessary to enforce compliance.

 

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

Against the Motion was Nil (Total 0).

 


Draft Open Space Plan

68

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

1.     Council adopt the Draft Open Space Plan dated June 2015 for the purpose of public exhibition;

2.    The Draft Open Space Plan is placed on public exhibition for six (6) weeks and consultation take place in accordance with the Consultation Strategy outlined in the report; and

3.    A further report be submitted to Council following a Councillor Workshop post the exhibition period, to consider the consultation results prior to the final Draft Open Space Plan for adoption.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison left the meeting at 8:10pm.

 

Amended Head Contractor Procurement Strategy - Proposed Redevelopment of Rosenthal Car Park Site

69

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

1.    Endorse the proposal that the Rosenthal Ave Car Park Redevelopment Head Contractor procurement approach be modified from D+C/GMP to D+C only; and

2.    Authorise the General Manager to update the Rosenthal Avenue Car Park Redevelopment Risk Management Plan to reflect a D+C Head Contractor Procurement Method.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison returned to the meeting at 8:11pm.


 

 

Control of Leighton Green Trees

70

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

1.    The report be received and noted; and

2.    The Trees (Disputes Between Neighbours) Act 2006 be used as the principal mechanism to control the use of Leighton Greens and other high hedges within the Lane Cove Local Government Area and Council’s website be expanded to include options available to address problem hedges.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Council Snapshot

71

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

 

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

 

Little Street Development Fitout

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.

 

Rosenthal Avenue Development - Second 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.

 


 

 

Results of Negotiation Process for the Sale of 314 Burns Bay Road, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

No members of the public made representations.

 

CLOSED COMMITTEE

72

RESOLVED on the motion of Councillors Brooks-Horn and Gold 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.

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, Karpin, Palmer, Bennison, Brooks-Horn, Strassberg and Cheong (Total 8).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 8:12pm.  The public and media left the chamber.

 

Open Council resumed at 8:35pm.  The public and media were invited into the chamber.

 

Confidential Items

 

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

 

Little Street Development Fitout

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.

73

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

1.   Council agree to a variation with WN Developments, for Trinity Constructions to adjust the base build fit out to the final fit out design; and

2.   The General Manager finalise the adjustment credits for the base build and variation price as outlined in the report.

 

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

Against the Motion was Nil (Total 0).

 

Results of Negotiation Process for the Sale of 314 Burns Bay Road, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

74

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

1.   Council sell 314 Burns Bay Road, Lane Cove, comprising part of Lots 101 and 102 in DP 1013285 and Lot 31 DP 540796 to Hyecorp Property Group or a nominated entity under their control, on the following terms:-

Financial Offer

$20,152,500, subject to adjustments for s94 contributions as assessed

Charge for Council Assets

$3,074,500

Retail Shop

120 sqm

Child Care Centre Internal Area (m2)

550 sqm

Child Care Centre External Area (m2)

Up to 718sqm

% of larger apartments (target 80%)

80%

Security for the Delivery of Council’s Assets – Child Care Centre and Shop

$200,000 Bank Guarantee and a caveat on title

until the handover of the Certificate of

Title for Council’s assets.

Settlement Terms

21 days of satisfactory Development Consent

2.   Authority be granted to the General Manager to finalise the sale transaction and associated documentation to include, prior to the issue of a Construction Certificate, the dedication land required for public road purposes; and

3.   Authority be granted to the Mayor and General Manager to affix the Common Seal to the sale contract documentation, caveat and associated deed for the sale transaction, as necessary.

 

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

Against the Motion was Nil (Total 0).

 

Cr Bennison left the meeting at 8:38pm.


 

 

Rosenthal Avenue Development - Second 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.

75

RESOLVED on the motion of Councillors Brooks-Horn and Karpin that Council proceed as discussed in Closed Committee.

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:38pm.

 

Confirmed at the Ordinary Council Meeting of Monday, 16 May 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********