Minutes of Ordinary Council

Ordinary Council 10 October 2016

Minutes

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, 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 the following items as he is a Board Member of the Lane Cove Club located across the street from the Rosenthal Avenue Car Park site:-

· ‘Tender for the Appointment of a Design and Construct Head Contractor for Rosenthal Avenue Car Park’ . He advised he would debate and vote on the item; and

· ‘Tender for the Decommission Of Substation S.277 and the Supply and Installation of Two (2) Kiosk Substations at Birdwood Lane. He advised he would vacate the chamber and not debate or vote on the item.

Councillor Brent declared a non pecuniary conflict of interest that is not significant in relation to the ‘Tender for the Appointment of a Design and Construct Head Contractor for Rosenthal Avenue Car Park’ as she and her husband share some of the same business associates as the General Manager of one of the Tenderers. She advised that as the relationship was indirect and not close she advised she would debate and vote on the item.

Councillor Bennison declared a pecuniary conflict of interest in relation to the ‘Tender for the Appointment of a Design and Construct Head Contractor for Rosenthal Avenue Car Park’ and 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 items.

APOLOGIES

Apologies were received on behalf of Councillor S. Cheong.

186

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, 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.

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.

Procedural Motion

187

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that “Mayoral Minute - Council Merger Proposal Court Action” be brought forward and dealt with as the next item.

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

Against the Motion was Nil (Total 0).

Mayoral Minutes

Mayoral Minute - Council Merger Proposal Court Action

188

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

1. Lodge a Notice of Intention to Appeal against the judgment brought down in the Land and Environment Court against Council on 20 September 2016; and

2. Conduct a timely briefing session by the HWL legal team upon the release of the Woollahra judgment or at least two (2) weeks prior to the expiration of Council’s appeal period.

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

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

189

RESOLVED on the motion of Councillors Bennison 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 Strassberg (Total 8).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Sue Ingham of Longueville enquiring as to whether Council will be challenging the costs awarded against Lane Cove in the court case against the proposed merger given that the action was pursued in the public interest.

Ruth Newman on behalf of the Lane Cove Bushland and Conservation Society supporting Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

Frances Vissel of Lane Cove North supporting Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

Doug Stuart of Longueville supporting Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

Tom Lawson of Greenwich supporting Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

Alice Beauchamp of Lane Cove congratulating Council on listening to the community and supporting the Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

A statement was read on behalf of Don Murchison of Greenwich supporting Council’s opposition to the proposed forced merger of Lane Cove Council and the proposed Notice of Intention to Appeal.

RESUMPTION OF STANDING ORDERS

190

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

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

Against the Motion was Nil (Total 0).

Orders Of The Day

The Mayor welcomed the 1^st Lindfield Scout Group to the Council Meeting

The Mayor acknowledged the recent passing of Greenwich resident, Ross Higgins.

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 SEPTEMBER 2016
191	RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the minutes of the Ordinary Council meeting held on the 19 September 2016 be received.
	For the Motion were Crs 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 Bennison that the minutes of the Ordinary Council meeting held on the 19 September 2016 be confirmed.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Officer Reports for Determination

Results of Court Action Council Merger Proposal

193

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

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

Against the Motion was Nil (Total 0).

Cr Bennison left the meeting, at 7:32pm.

Tender for the Appointment of a Design and Construct Head Contractor for Rosenthal Avenue Car Park

194

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

1. Decline to accept any tender;

2. Not call fresh tenders as the tender process has identified a suitable field of Contractors who can complete the project but require further clarification to eliminate all inconsistencies, exclusions and omissions so that both tenders can be assessed on a like-for-like basis;

3. Authorise the General Manager to enter into negotiations with ADCO and Richard Crookes Constructions at this stage as they were the two highest ranked tenderers in terms of the selection criteria; and

4. Receive a further report on the outcomes of the negotiations.

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

Against the Motion was Nil (Total 0).

Cr Brooks-Horn left the meeting at 7:33pm.

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

195

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

1. The report be received and noted;

2. Subject to Council obtaining ownership of the sub-station site from Ausgrid, Council enter into a contract with Australian High Voltage (TOBCO) for the works; and

3. Authority be granted to the General Manager to enter into a contract with Australian High Voltage (TOBCO).

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

Against the Motion was Nil (Total 0).

Cr Brooks-Horn and Bennison returned to the meeting at 7:34PM.

Proposed Redevelopment 25-29 Longueville Road - Proposed Relocation of Pedestrian Laneway

196

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

1. Receive and note the information;

2. Proceed with public notification to close the laneway between 25-27 Longueville Road, Lane Cove at AT-1 in accordance with the Memorandum of Understanding dated April 2006 with the NSW Department of Primary Industry-Lands; and

3. Following public consultation, receive a further report outlining the submissions received with respect to the proposed laneway closure and for determining whether to proceed with an application to NSW Department of Primary Industry-Lands.

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

Against the Motion was Nil (Total 0).

Mechanical Street Sweeping Tender

197

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

1. The tender for the provision of Mechanical Street Sweeping for a period of up to 5 years be awarded to Environmental Waste Water Catchment Services Pty Ltd trading as Enviro Sweep for an amount of up to $1,177,600; and

2. The General Manager be authorised to enter into a contract with Environmental Waste Water Catchment Services Pty Ltd (Enviro Sweep).

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

Against the Motion was Nil (Total 0).

Traffic Committee - September 2016
198	RESOLVED on the motion of Councillors Brent and Brooks-Horn that:-
	1. The Council adopt the recommendations of the Lane Cove Traffic Committee, with the exemption of Item Y1, Private Road, Northwood which is to be amended to:- “That Council undertake consultation with affected residents and a further report be submitted back to the Traffic Committee in relation to the installation of:- a. A 'Give Way' sign and TB line marking being installed at the intersection of Private Road and Upper Cliff Road, Northwood. b. Atatutory 10m ‘No Stopping’ zones being installed at the corners of this intersection; and c. A 10m long ‘No Parking’ zone being installed on the eastern side of Upper Cliff Road, opposite to Private Road, subject to Council’s approval.” 2. The Minutes of the Traffic Committee be amended to reflect that in relation to the General Business item, Burns Bay Road, Lane Cove, that Council has received a petition with approximately 600 signatories in support of the vendor parking along Burns Bay Road selling flowers (not objecting).
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 8). Against the Motion was Nil (Total 0).

Changes to Joint Regional Planning Panel

199

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

1. The report be received and noted and Council nominate its existing JRPP representatives to the new Sydney Planning Panel;

2. Council write to the NSW Minister for Planning, Delegate to the Greater Sydney Commission and the Secretariat of the JRPP and Sydney Planning Panel to ask that the panel be reviewed to exclude individuals who provide planning consulting services in our region due to the perceived conflict of interest and that the Code of Conduct reflect this; and

3. The General Manager investigate and be authorised to appoint person(s) from Lane Cove’s IHAP to be alternate(s) for the Councillor Representatives on the JRPP and Sydney Planning Panel.

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

Against the Motion was Nil (Total 0).

Officer Reports for Information

2016 Festival by the River

200

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

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

Against the Motion was Nil (Total 0).

Pecuniary Interest Returns 2016

201

RESOLVED on the motion of Councillors Bennison and Karpin that Council note the tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2015 till 30 June 2016.

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

Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 7:45pm.

Confirmed at the Ordinary Council Meeting of Monday 21November 2016, at which meeting the signature herein is subscribed.

MAYOR

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