Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

5 December 2016; 6:47pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

LC_WebBanner


Ordinary Council 5 December 2016

Minutes

 

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

 

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

 

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:

 

Council Merger Proposal Court Action

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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

231

RESOLVED on the motion of Councillors Brooks-Horn and Gold 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 Councillors Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn and Cheong (Total 7).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:49pm.  The public and media left the chamber.

 

Open Council resumed at 7:05pm.  The public and media were invited into the chamber.

 

DECLARATIONS OF INTEREST:  Nil

 

Note:   Later in the meeting Councillor Brooks-Horn declared a non pecuniary interest that is not significant in relation to November 2016 Traffic Committee Meeting” specifically item Y4 Osborne Park/Gore Hill as he is a resident of Second Avenue, Osborne Park.


 

APOLOGIES 

Apologies were received on behalf of Councillor Bennison and Councillor Strassberg.

232

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

 

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

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Acting 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

233

RESOLVED on the motion of Councillors Brooks-Horn and Cheong 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 Councillors Gold, Hutchens, Karpin, Palmer, Brent, Brooks-Horn and Cheong (Total 7).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

 

Gabriel Garo of Lane Cove, objecting to proposed closure and relocation of the laneway between Longueville Road and Taylors Lane, Lane Cove.

 

John Gilding of Lane Cove North expressing concern in relation to the Lane Cove North precinct rat-run effecting Karilla Avenue and objecting to the recommendations of the Traffic Committee meeting of November 2016 in relation to this matter.

 

Gavin Bartier of Lane Cove North, expressing concern in relation to the Lane Cove North precinct rat-run effecting Karilla Avenue and objecting to the recommendations of the Traffic Committee meeting of November 2016 in relation to this matter.

 

Erica Wallace, on behalf of the Lane Cove North Residents Association, expressing concerns in relation to the rat-run effecting the Lane Cove North precinct specifically in regards to safety and urging Council to implement right hand turning restrictions out of Karilla Avenue. 

 

Ros Noone, on behalf of Osborne Park Progress Association in support of the recommendations of the Traffic Committee meeting of November 2016 in relation to Osborne Park / Gore Hill and requesting that Council include a provision for the timely review of the plan in the future.

 


 

Dr Christopher Murphy of Lane Cove North expressing concern in relation to the Lane Cove North precinct rat-run effecting Karilla Avenue, objecting to the recommendations of the Traffic Committee meeting of November 2016 in relation to this matter and objecting to the installation of traffic calming measures.

 

Chris Digby of Lane Cove North urging Council to implement traffic restrictions at Karilla Avenue, Lane Cove North that restrict right hand turns into Centennial Ave and entry into Karilla Ave from Centennial Ave in keeping with current measures for streets located south of Epping Road.

 

Don Murchison Chairperson of the Lane Cove Bicycle Committee and resident of Greenwich, expressing support for recommendations in relation to the Council merger proposal and court action and supporting the implementation of a contra flow bike lane on the western side of Pottery Lane, Lane Cove.

 

Glenda McSorely on behalf of the Lane Cove North Residents Association, expressing disappointment  in recommendations of the Traffic Committee in relation to Karilla Avenue, requesting Council implement traffic restrictions consistent with those in the streets off Centennial Avenue located south of Epping Road to help improve safety for residents and objecting to the installation of traffic calming measures.

 

Jon Johannsen of Lane Cove North expressing concern in relation to the Lane Cove North precinct rat-run effecting Karilla Avenue and requesting that at least some traffic calming measures be considered as a short term solution.

 

Russ Webber of Northwood, supporting the implementation of a contra flow bike lane on the western side of Pottery Lane, Lane Cove.

 

Anita Thompson of Finlayson Street enquiring as to if there have been any updates on the merger proposal.

 

Ruth Darling of Lane Cove North, expressing concern in relation to the increased traffic in the  Lane Cove North precinct and requesting Council close off Karilla Avenue to through traffic.

 

Morteza Faghani of Osborne Park in support of the recommendations of the Traffic Committee meeting of November 2016 in relation to Osborne Park / Gore Hill and enquiring as to whether casual parking permits are available.

 

Rick D’Amico of Osborne Park supporting the recommendations of the Traffic Committee meeting of November 2016 in relation to Osborne Park / Gore Hill.

 

RESUMPTION OF STANDING ORDERS

234

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

 

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

Against the Motion was Nil (Total 0).

 

DECLARATIONS OF INTEREST:

 

Councillor Brooks-Horn declared a non pecuniary interest that is not significant in relation to November 2016 Traffic Committee Meeting”  specifically item Y4 Osborne Park/Gore Hill as he is a resident of Second Avenue, Osborne Park.  He advised he would debate and vote on the item.


 

Confidential Items

 

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

 

Council Merger Proposal Court Action

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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.

235

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that Council determine its position on appealing the judgment handed down by Justice Moore in the Land and Environment Court on 20 September 2016.

 

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

Against the Motion was Nil (Total 0).

 

 CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 NOVEMBER 2016

236

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 21 November 2016 be received.

 

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

Against the Motion was Nil (Total 0).

237

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 21 November 2016 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Greenwich Village Games

238

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

1.       Note the success of the Greenwich Village Games, which was held from Friday, 2nd December until Sunday, 4th December with close to 2000 registered participants in 8 team made up from residents from Greenwich and around Lane Cove Local Government Area;

2.       Write to the Chairman of the Greenwich Village Games Organising Committee (a Lane Cove Council Committee) thanking them for their efforts in organising the games and congratulating them on the success of the Games; and

3.       Thank Council Officers, especially Peter Patterson, for their work in getting Council resources ready for the games.

 

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

Against the Motion was Nil (Total 0).

 


 

Notices of Motion

 

Council Merger Proposal Court Action

 

MOTION

A motion was moved by Councillors Hutchens and Brooks-Horn that Council delegate authority to the General Manager to:-

1.       Lodge an appeal to the Court of Appeal and seek orders to adjorn the appeal until a date after the decision in the Woollahra case is handed down, to allow sufficient time to consider the decision and determine if the appeal is to proceed and if so in what form;

2.       If the appeal is not adjorned, convene an extraordinary meeting of Council to determine further conduct of the appeal.

 

Amendment

An Amendment was moved by Councillors Palmer and Brent that Council Lodge an appeal in the matter of Lane Cove Council vs the Minister for Local Government.

 

Upon being put to the meeting the Amendment was lost.

 

For the Amendment were Councillors Palmer and Brent (Total 2).

Against the Amendment were Councillors Gold, Hutchens, Karpin, Brooks-Horn and Cheong (Total 5).

239

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

 

For the Motion were Councillors Gold, Hutchens, Karpin, Brooks-Horn and Cheong (Total 5).

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

 

Officer Reports for Determination

 

November 2016 Traffic Committee Meeting

240

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 22 November 2016, subject to the following amendments:-.

1.         That Item Y1. Karilla Avenue, Lane Cove North be amended to read:-

“That:

1.      No traffic management action be undertaken in Karilla Avenue precinct at the present time;

2.      Further traffic counts are to be undertaken after two (2) years (i.e. February 2019) when the adjacent areas are more developed. However, during the next two (2) years, before the recommended date for further traffic counts, should any noticeable changes to traffic conditions be observed and reported by residents of Karilla Ave, Council would undertake to investigate the situation, and if found necessary, further traffic counts may be considered to be carried out before February 2019. The terms of reference for the traffic counts and subsequent public consultation should be submitted to Council for approval;

3.      Council prepares a design of traffic calming devices in Karilla Avenue to be submitted to the Traffic Committee for review; and

4.      The main applicant and the Lane Cove North Advisory Committee are to be notified of the decision.”

2.         That Item Y2. Penrose Street/ Bridge Street Road Safety Audit, Lane Cove be amended to read:-

“That:

1.      Council prepare a design of the proposed concrete island in Penrose Street east of Bridge Street (South) in order to allow vehicles to turn right into Bridge Street (South) without causing a halt to the east-bound traffic in Penrose Street. The design is to be submitted to RMS and Traffic Committee for review; and

2.      The matter be brought back to January 2017 Local Traffic Committee.”

3.         That Item Y3 Pottery Lane, Lane Cove be amended to read:-

“That:

1.      On finalisation of consultation, Council approve the one-way restriction excluding the proposed bike lane.

2.      A TMP be prepared by Council and submitted to RMS for approval.

3.      The matter be brought back to the January 2017 Local Traffic Committee.”

4.         That Item Y4 Osborne Park/Gore Hill be amended include additional points 4 and 5 as below:-

“That:

1.      The existing ‘3P 8am-6pm; Monday-Friday; Permit Holders Excepted’ parking restrictions be amended to ‘2P 8am-6pm; Monday-Friday; Permit Holders Excepted’ throughout the Osborne Park/Gore Hill precinct;

 

2.      'No Parking; 6:00am-6:00pm; Mon-Fri' signs be installed on the western side of Fourth Avenue and Osborne Road (between First and Second Avenue) and northern side of Second Avenue (between Osborne Road and Fourth Avenue) as shown in Figure 3;

3.      A review of the traffic and parking restrictions be conducted within 12 months of implementation of the changes; and

4.      Council officers liaise with Willoughby Council in order to find a solution to the problem in Osborne Park/Gore Hill Precinct which is largely a result of the industrial area in the neighbouring Local Government Area.”

5.      The affected residents are to be notified of the decision;

5.       That Council not adopt the recommendation in relation to item G1. Upper Cliff/Private Road, Northwood and no action be taken on the matter.

 

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

Against the Motion was Nil (Total 0).

 


 

Delegation of Authority During the Christmas Recess

241

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

1.       Subject to the provisions of Section 377 of the Local Government Act, 1993, and point 2 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 20 February 2017, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

2.       No Section 96 or Section 82A reviews of development applications be undertaken under delegated authority in relation to any matter that has been determined by the Independent Hearing and Assessment Panel.

 

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

Against the Motion was Nil (Total 0).

 


Preparation of 2017-18 Operational Plan

242

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council endorse the 2017-18 Operational Plan and Budget process and timeline and review the Long Term Financial Plan to ensure that long term commitments are met.

 

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

Against the Motion was Nil (Total 0).

 

Council Meeting Schedule - 2017

243

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the Council Meeting Schedule for 2017 be adopted.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

2016 Festival by the River Success

244

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

 

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

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8.43pm

 

Confirmed at the Ordinary Council Meeting of Monday, 20 February 2017 at which meeting the signature herein is subscribed.

 

 

MAYOR

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