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Minutes

Ordinary Council Meeting

21 November 2016, 6:34pm

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 November 2016

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison (arrived at 7pm), Councillor K. Brent, Councillor D. Brooks-Horn , Councillor S. Cheong, Councillor M. Gold, Councillor D. Karpin, Councillor P. Palmer, and Councillor D. Strassberg.

 

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

 

DECLARATIONS OF INTEREST:

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to Results of Negotiations for the Appointment of a Design And Construct Head Contractor for the Rosenthal Avenue Car Park Project” and Rosenthal Car Park Cash Flow and Long Term Financial Plan” as he is a Board Member of the Lane Cove Club located across the street from the Rosenthal Avenue Car Park siteHe 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:

 

Results of Negotiations for the Appointment of a Design and Construct Head Contractor for the Rosenthal Avenue Car Park Project

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 Car Park Cash Flow and Long Term Financial Plan

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.

 

Update on Bid Process for the Long Term Lease of 266 Longueville Rd to Design - Construct and Operate a Seniors Living Village

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.

 


 

Leasing of Retail Space - Ground Floor 1-5 Little Street, 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

202

RESOLVED on the motion of Councillors Gold 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.

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

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:35pm.  The public and media left the chamber.

 

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

 

Councillor Bennison joined the meeting at 7:00pm.

 

DECLARATIONS OF INTEREST:

 

Councillor Bennison declared:-

·         A pecuniary interest in relation to Results of Negotiations for the Appointment of a Design And Construct Head Contractor for the Rosenthal Avenue Car Park Project” and Rosenthal Car Park Cash Flow and Long Term Financial Plan” as he owns a unit in 9/5 Birdwood Avenue.  He advised he would vacate the chamber and not debate or vote on the items.

·         A pecuniary interest in relation to Update on Bid Process for the Long Term Lease of 266 Longueville Rd to Design - Construct and Operate a Seniors Living Village’ as he recently applied to be an authorised representative of one of the bidders. He advised he would vacate the chamber and not debate or vote on the item.

·         A pecuniary interest in relation to the Sustainability Levy - Small Grants - Round 13’ as he has been appointed the Auditor for Birrahlee Preschool, one of the grant applicants.  He advised he would vacate the chamber and not debate or vote on the item.

·         A non pecuniary interest that is not significant in relation to Results of Community Consultation for 296-314 Burns Bay Rd - Voluntary Planning Agreement’ as the corresponding development application lodged for this site has been referred to the Joint Regional Planning Panel (JRPP) for determination and he is Council’s appointed representative to the (JRPP).  He advised he would vacate the chamber and not debate or vote on the item.

Councillor Gold declared a non pecuniary interest that is not significant in relation to Results of Community Consultation for 296-314 Burns Bay Rd - Voluntary Planning Agreement’ as he is Council’s appointed alternate representative to the Joint Regional Planning Panel.  He advised he would vacate the chamber and not debate or vote on the item.

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.

 

SUSPENSION OF STANDING ORDERS

203

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 Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Doug Stuart of Longueville commenting on the parking measures to be taken during construction period of the Rosenthal Avenue redevelopment, commending Council’s dismissal of temporary parking facilities at Pottery Green and requesting that Council consider not modifying Finlayson Street and Coxs Lane where widening of the roadway will require the removal of street trees and/or open space.

 

Craig Hendrix of St Leonards enquiring as to when the further documents will be available in relation to the St Leonards South Rezoning acquisition of open space.

 

Don Murchison of Greenwich commending Council on measures taken to improve safety along River Road and suggesting a ‘Car Free Day Carnival’ for Longueville Road in Autumn wherein the road can be closed for part of a day to help promote sustainable transport.

 

RESUMPTION OF STANDING ORDERS

204

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 10 OCTOBER 2016

205

RESOLVED on the motion of Councillors Gold and Brent that the minutes of the Ordinary Council meeting held on the 10 October 2016 be received.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

206

RESOLVED on the motion of Councillors Gold and Bennison that the minutes of the Ordinary Council meeting held on the 10 October 2016 be confirmed.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

207

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that consideration of thePresentation of Annual Financial Statements - Year Ended 30 June 2016’ and the Confidential Items and be deferred to the end of the meeting and considered as the final items.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

208

RESOLVED on the motion of Councillors Bennison and Brent that the Sustainability Levy - Small Grants - Round 13’ be and voted on Ad Seriatim.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Sustainability Levy - Small Grants - Round 13

209

RESOLVED on the motion of Councillors Bennison and Cheong that Council approve the funding for:-

1.       The Lane Cove 12 Foot Sailing Skiff Club to the value of $5,000;

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Councillor Bennison left the meeting, at 7:20pm

210

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

2.       Birralee Preschool to the value of $2,500.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the meeting at 7:21pm.

 

211

RESOLVED on the motion of Councillors Cheong and Gold that Council approve the funding for:-

3.       The Lane Cove Sustainability Action Group to the value of $243.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

212

RESOLVED on the motion of Councillors Cheong and Gold that Council approve the funding for:-

4.       The Scouts NSW (Tambourine Bay Sea Scouts / Cubs) to the value of $900

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Councillors Gold and Bennison left the meeting at 7:22pm.

 

Results of Community Consultation for 296-314 Burns Bay Rd - Voluntary Planning Agreement

213

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council enter into a Voluntary Planning Agreement for 296-314 Burns Bay Road, Lane Cove as outlined in the explanatory note and authorise the General Manager to sign the Voluntary Planning Agreement.

 

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

Against the Motion was Nil (Total 0).

Absent were Councillors Bennison and Gold (Total 2).

 

Councillors Gold and Bennison returned to the meeting at 7:23pm. 

 

Mowbray Rd West / Centennial Ave / Greenlands Rd Traffic Lights Upgrade - Land Acquisition

214

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

1.       Acquire under the Land Acquisition (Just Terms Compensation) Act 1991 that part of the common property in SP 5552, 496 – 504 Mowbray Road West, marked “A” in AT-1;

2.       acquire under the Land Acquisition (Just Terms Compensation) Act 1991 that part of the common property in SP 76693 marked “B” in AT-1;

3.       Acquire under the Land Acquisition (Just Terms Compensation) Act 1991 that part of Lot 5 DP 14213, 521 Mowbray Road West, marked “C” in AT-1;

4.       Authorise the “making of an application, or the giving of a notice, to the Governor or Minister” in respect of the compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act for the affected properties set out above;

5.       Prepare a detailed design of the intersection Centennial Avenue with Mowbray Road West with a view to call tenders for the works once the land acquisitions have been acquired;

6.       Lodge acquisition plans with the Land and Property Information in respect of those parts of lots being compulsory acquired; and

7.       Authorise the Mayor and General Manager to attach the seal of Council to related documents if required.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Procedural Motion

215

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that the “St Leonards South Update” be brought forward and dealt with as the next item.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

St Leonards South Update

216

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

1st Quarter Review of the 2016-2017 Budget

217

RESOLVED on the motion of Councillors Bennison and Karpin that the 2016 – 2017 Budget be varied as follows:-

 

Original Budget

(000’s)

Adjustments

(000’s)

Revised Budget

(000’s)

Expenditure - Operating

$40,862

$188

$41,050

Income - Operating

$52,095

$206

$52,301

Surplus / (Deficit)

$11,233

$18

$11,251

Surplus /(Deficit) before

Capital Grants /Contributions

$278

$18

$296

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Council's Annual Report 2015/16

218

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

1.       Council adopt the Draft Annual Report at AT-1 for 2015/16;

2.       The adopted Annual Report be forwarded to the Minister for Local Government; and

3.       The Annual Report be published on Council’s website.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Councillor Bennison left the meeting at 7:27pm.

Results of Negotiations for the Appointment of a Design and Construct Head Contractor and Community Consultation on Construction Amelioration Measures for the Rosenthal Avenue Car Park Project

219

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

1.       The report be received and noted; and

2.       Council expand the Budget for the Rosenthal Avenue Car Park Redevelopment to provide for:-

a.    Paying a premium to fast track parking;

b.    A campaign to change parking habits and promote alternative parking options such as the new Little Street Car Park, including better signage; and

c.    Retail support and Development Activities to offset construction impacts.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the meeting at 7:28pm.

 

1st Quarter Review of the 2016-17 Delivery Program and Operational Plan

220

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the 1st Quarter Review of the 2016-2017 Delivery Program and Operational Plan be received and noted.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Northern Sydney Region - Community Recycling Centre Update

221

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Council Snapshot

222

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Councillor Bennison Left the meeting at 7:30pm. 


 

Procedural Motion

223

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that the Confidential Items be brought forward and dealt with as the next items.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Confidential Items

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

Results of Negotiations for the Appointment of a Design and Construct Head Contractor for the Rosenthal Avenue Car Park Project

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.

224

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

1.       Council enter into contract with the preferred builder to deliver the project subject to the resolution of the following outstanding matters:-

a.    Acceptance of the retail design by Coles and ALDI (the retailers);

b.    Finalisation of mutually acceptable terms and conditions of contract; and

c.    Minor design amendments to the Contractors design to ensure Council’s vision for the project is achieved; and

2.       The Mayor and General Manager be authorised to affix the Seal to the Contract Documents.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Rosenthal Car Park Cash Flow and Long Term Financial Plan

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.

225

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

1.       Receive and note the report; and

2.       Endorse the Budget and ten (10) year Long Term Financial Plan for the Rosenthal Car Park Redevelopment Project.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Update on Bid Process for the Long Term Lease of 266 Longueville Rd to Design - Construct and Operate a Seniors Living Village

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.

226

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

1.       Enter into a 99 year lease with the preferred bidder (or their nominated related entity) to construct and operate a seniors living facility at 266 Longueville Road, Lane Cove;

2        Authorise the General Manager to give owner’s consent to a development application which contains the breaches of the site controls contained in the bid submission;

3.       Note, acknowledge and agree as landowner to the ‘alternate’ solution proposed by the preferred bidder for the Pedestrian Connection / Through Site Link; and

4.       Receive a further report on the outcomes of the negotiations and finalisation of the lease agreement/s in Open Council.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Leasing of Retail Space - Ground Floor 1-5 Little Street, 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.

227

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

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

 

Councillor Bennison returned to the meeting at 7:35pm.

 

Suspension of Standing Orders

228

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Standing Orders be suspended and Council’s Auditor, Mr Dennis Banicevic of PriceWaterhouseCoopers address Council.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 


 

 

Resumption of Standing Orders

229

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

Presentation of Annual Financial Statements - Year Ended 30 June 2016

230

RESOLVED on the motion of Councillors Palmer and Bennison that Council receive and note the Annual Financial Reports together with the Auditors Report for the Year Ended 30 June 2016.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 7:46pm.

 

Confirmed at the Ordinary Council Meeting of Monday, 5 December 2016, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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