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Minutes

Ordinary Council Meeting

19 September 2016, 6:51pm

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 19 September 2016

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn , Councillor S. Cheong, Councillor M. Gold, Councillor D. Karpin, and Councillor P. Palmer.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Director – Major Projects and Manager – Governance.

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:

 

Mayoral Minute - General Manager's Performance Review for 2015/16

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 and as the report contains personal information about the performance of a staff member.

 

No members of the public made representations.

 

CLOSED COMMITTEE

164

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

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:52pm.  Council staff, the public and media left the chamber.

 

Open Council resumed at 7:00pm.  Council staff, the public and media were invited into the chamber.

 

DECLARATIONS OF INTEREST:

 

Councillor Bennison declared a pecuniary conflict of interest in relation to the Tender for the Decommission of Substation S.277 and the Supply And Installation of Two (2) Kiosk Substations at Birdwood Lane” as he owns a property in Birdwood Avenue.  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 Tender for the Decommission of Substation S.277 and the Supply And Installation of Two (2) Kiosk Substations at Birdwood Lane” as he is a Board Member of the Lane Cove Club located across the street from the site.  He advised he would vacate the chamber and not debate or vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillor D. Strassberg.

165

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, Brent, Brooks-Horn and Cheong (Total 8).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Pastor Simon Ambler of Christian City 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.

 

SUSPENSION OF STANDING ORDERS

166

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 (3) minutes.

 

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

Against the Motion was Nil (Total 0).

 

Public Forum

 

Nada Pezzutti of Riverview expressing concerns regarding tree root damage to her property and the lack of responsiveness from Council in relation to the issue.

 

Michael Sestito of Linley Point supporting the continued operations of Antonio the mobile flower vendor currently operating at Burns Bay Road and providing further background information in relation to the petition and report on Street Vending in Lane Cove Local Government Area.

 

Zachary Ashby of Lane Cove expressing support for Option 1 as outlined in the report on Traffic Management Proposals for Lane Cove Village being the Minor Acquisition in Sutherland Street Cul-de-sac.

 

Glen Burns of Lane Cove expressing concern in relation to recent changes to the bus services from Lane Cove particularly the decrease in services and loss of connectivity and requesting Council make representations to the State Government to increase services particularly from Lane Cove to the CBD and Macquarie Park area.

 

Richard Denham of Cremorne expressing support for the continued operations of Antonio the mobile flower vendor currently operating at Burns Bay Road.

 

Andreas of Hunters Hill expressing support for the continued operations of Antonio the mobile flower vendor currently operating at Burns Bay Road.

 

Robyn Stutchbury of Linley Point expressing support for the continued operations of Antonio the mobile flower vendor currently operating at Burns Bay Road.

 

RESUMPTION OF STANDING ORDERS

167

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 15 AUGUST 2016

168

RESOLVED on the motion of Councillors Gold and Bennison that the minutes of the Ordinary Council meeting held on the 15 August 2016 be received.

 

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

Against the Motion was Nil (Total 0).

169

RESOLVED on the motion of Councillors Gold and Bennison that the minutes of the Ordinary Council meeting held on the 15 August 2016 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

The Mayor acknowledged that the Land and Environment Court Judgement in regards to the proposed amalgamation of Council is listed to be delivered tomorrow.

 

Order of the Day

October Ordinary Council Meeting

170

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the October Ordinary Council Meeting be brought forward from Monday, 24 October 2016 to Monday, 10 October 2016.

 

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

Against the Motion was Nil (Total 0).

 


 

Officer Reports for Determination

 

Public Petition FOR Street Vending in Lane Cove Local Government Area

171

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

1.    The General Manager draft a suitable policy that allows operators such as flower sellers to use the current strip of road at Burns Bay Road, Linely Point;

2.    Council commence discussions with RMS and/or other government departments / Minister to seek a reversal of the current no standing arrangements that would allow for the use as described in 1 above; and

3.    The General Manager be delegated authority to prepare a policy pursuant to the objectives of 1 above, and proceed to public exhibition of the policy and approval of the policy.

 

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

Against the Motion was Nil (Total 0).

 


Lane Cove Garden Competition 2017

172

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

1.    Receive and note this report; and

2.    Endorse a public survey proposed to be undertaken as part of Sustainability Lane at the Village Fair to gauge community interest in holding the competition, the timing of the competition and the categories proposed.

 

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

Against the Motion was Nil (Total 0).

 

Procedures for Election of Mayor and Deputy Mayor

173

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council conduct the Election for Mayor and Deputy Mayor for the next 12 months by open voting.

 

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

Against the Motion was Nil (Total 0).

 

ELECTION OF MAYOR FOR 2016/17

Council’s General Manager in the capacity of Returning Officer, advised that two (2) nominations were received for the position of Mayor for the ensuing twelve (12) months term being Councillors Hutchens and Strassberg.

Council’s General Manager asked those in favour of Councillor Hutchens to raise their hand. Those in favour were Councillors Gold, Bennison, Cheong, Hutchens, Brooks-Horn and Karpin (Total 6). 

Council’s General Manager then asked those in favour of Councillor Strassberg to raise their hand. Those in favour were Councillor Brent and Palmer (Total 2).  

Council’s General Manager then declared Councillor Hutchens elected as Mayor for the next twelve (12) months.

 

 

 

 

ELECTION OF DEPUTY MAYOR FOR 2016/17

Council’s General Manager advised that two (2) nominations were received for the position of Deputy Mayor for the ensuing twelve (12) months term being Councillors Gold and Strassberg.

Council’s General Manager asked those in favour of Councillor Gold to raise their hand. Those in favour were Councillors Gold, Bennison, Cheong, Hutchens, Brooks-Horn and Karpin (Total 6). 

Council’s General Manager then asked those in favour of Councillor Strassberg to raise their hand. Those in favour were Councillor Brent and Palmer (Total 2). 

Council’s General Manager then declared Councillor Gold elected as Deputy Mayor for the next twelve (12) months.

 

Procedural Motion

174

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that “Councillor Representation on Council Committees for 2016-17” and the “Review of Community Representatives on Council's Advisory Committees” be considered at the end of the meeting.

 

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

Against the Motion was Nil (Total 0).

 

Traffic Management Proposals for Lane Cove Village

175

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

1.   Receive and note the report;

2.   Indicate in principle support for the construction of a Village by-pass and undertake further design to ensure feasibility of the scheme outlined in the report including the possible widening of Graham Street; and

3.   Undertake community consultation for the proposed road network upgrades in accordance with the consultation plan outlined in the report.

 

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

Against the Motion was Nil (Total 0).

 

Crs Bennison and Brooks-Horn left the meeting at 7:37pm.


 

Tender for the Decommission of Substation S.277 and the Supply and Installation of Two (2) Kiosk Substations at Birdwood Lane

176

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

1.    Council decline to accept any of the tenders;

2.    Council decline to invite fresh tenders as it has already identified through the tender process a suitable pool of contractors;

3.    Council enter into negotiations with the preferred two shortlisted tenders (TOBCO + Stowe) with an aim to eliminate all inconsistencies, exclusions and omissions so that both tenders can be assessed on a like-for-like basis and a further report be submitted to Council following the outcome;

4.    The negotiations take place immediately and a report come back to the Council Meeting of the 10 October 2016; and

5.    A photographic record of the Rosenthal Avenue site be compiled for the local history collection.

 

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Brent and Cheong (Total 6).

Against the Motion was Nil (Total 0).

Absent were Crs Brooks-Horn and Bennison (Total 2).

 

Cr  Bennison and Brooks-Horn returned to the meeting at 7:40pm.

 

Adoption of the Lane Cove Reconciliation Action Plan

177

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

1.     Council adopt the Draft Lane Cove Innovate Reconciliation Action Plan dated August 2016 - June 2018 for the purpose of public exhibition;

2.     The Draft Reconciliation Action Plan be placed on public exhibition for a period of 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 the exhibition period, to consider the Reconciliation Action Plan for adoption.

 

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

Against the Motion was Nil (Total 0).

 


Matter Arising

Acknowledgement of Traditional Owners

178

RESOLVED on the motion of Councillors Bennison and Hutchens that a copy of Councils Reconciliation Action Plan be sent to the Hills Shire Council with a covering letter signed by all Councillors, given their recent refusal to acknowledge the Darug people.

 

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

Against the Motion was Nil (Total 0).

 

Annual Financial Statements for 2015/2016 - Referral for Audit

179

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

1.    In respect to Council's General Purpose Financial Reports the following statement which is shown at AT-1 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2016

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

The attached General Purpose Financial Statements for the year ended 30 June 2016, have been drawn up in accordance with the:-

·     Local Government Act 1993 (as amended) and the Regulations made there under;

 

·     Australian Accounting Standards and professional pronouncements; and

·     Local Government Code of Accounting Practice and Financial Reporting.  

To the best of our knowledge and belief, this Report:-

·     presents fairly the Council's operating result and financial position for the year; and

·     accords with Council’s accounting and other records.

We are not aware of matter that would render this Report false or misleading in any way.

2.    In respect to Council's Special Purpose Financial Reports, the following statement which is shown at AT-2 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

SPECIAL PURPOSE FINANCIAL STATEMENTS  FOR THE YEAR ENDED 30 JUNE 2016

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

The attached Special Purpose Annual Financial Statements for the year ended 30 June 2016, have been drawn up in accordance with:-

·     NSW Government Policy Statement "Application of National Competition Policy to Local Government";

·     Office of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality"; and

·     The Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, these Reports:-

·     present fairly the Council's operating result and financial position for each of Council’s declared Business Activities for the year; and

·     accord with Council’s Accounting and other records.

We are not aware of any matter that is false or misleading in any way.

3.    Council's Annual Financial Statements for the year ended 30 June 2016, attached at AT-3, be referred for audit by Council’s external Auditors.

 

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

Against the Motion was Nil (Total 0).

 


 

Review of the NSW Local Government Rating System

180

RESOLVED on the motion of Councillors Brooks-Horn and Cheong that Council make a submission to the IPART review which supports:-

1.   The use of CIV for rating valuations;

2.   Maintaining minimum rates where UV is retained;

3.   Land use and not ownership for the eligibility of rating exemptions;

4.   Removal of pensioner rebates to be replaced with a State Government rate deferral system; and

5.   Additional flexibility in rating categories and communities of interest.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Transfer of Collection of Emergency Services Property Levy to Councils

181

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

 

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

Against the Motion was Nil (Total 0).

 

Council Snapshot

182

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

 

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

Against the Motion was Nil (Total 0).

 

Councillor Representation on Council Committees for 2016-17

183

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

3.    In view of the merger proposal, existing Councillor representation on Advisory and External Committees for  2016-17 be retained until a merger is proclaimed or a review is undertaken after the Council Elections scheduled for September 2017, subject to Councillor Brent no longer being on the Centrehouse Committee;

4.    It be noted that the Mayor is an ex-officio on all Council Advisory Committees;

5.    It be noted that any available Councillor may attend Internal Advisory Committees;

6.    Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required; and

7.    Existing Charters of Advisory Committees be retained until a merger is proclaimed or a review is undertaken after the Council Elections scheduled for September 2017.

 

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

Against the Motion was Nil (Total 0).

 

Review of Community Representatives on Council's Advisory Committees

184

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council maintain the existing Advisory Committees structure and membership until either a merger of Council is proclaimed or a review is undertaken immediately following the proposed Council elections in September 2017.

 

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

Against the Motion was Nil (Total 0).

 

Confidential Items

 

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

 

Mayoral Minute - General Manager's Performance Review for 2015/16

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 and as the report contains personal information about the performance of a staff member.

185

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

1.   Endorse the very satisfactory Performance Review of the General Manager, Craig Wrightson and his high level of performance;

2.   The General Manager’s remuneration for 2015/16 be increased as discussed in closed committee; and

3.   Endorse the General Manager’s Performance Agreement 2016/17.

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 7:58pm.

 

Confirmed at the Ordinary Council Meeting of Monday, 10 October 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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