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Minutes

Ordinary Council Meeting

20 February 2017, 7:00pm

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 20 February 2017

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, 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, Acting Manager – Strategic Planning, Strategic Planner, Manager – Library Services and Office Manager – Human Services.

 

Declarations of Interest: Nil

 

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.

 

Senior Staff Contracts

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.

 

 

No members of the public made representations.

 

CLOSED COMMITTEE

1

RESOLVED on the motion of Councillors Gold and Brooks-Horn 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, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

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

 

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

 

 

DECLARATIONS OF INTEREST: Nil

 

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

2

RESOLVED on the motion of Councillors Brooks-Horn and Palmer 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, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

David Gleeson of Northwood expressing concerns about the Northwood Planning Proposal.

 

Eleanor Bull of 5 Nicols Close requesting Pendray Close be considered as an option for naming the private internal roadway off Fleming Street..

 

Henrietta Miller  of Finlayson Street, expressing concern for proposed tree removal on Finlayson Street.

 

Binh Rey of Nicols Close, Northwood requesting Pendray Close be considered as an option for naming of the private internal roadway off Fleming Street.

 

Daniel Stuckey of Birdwood Avenue, expressing concern for the removal of trees on Cox’s Lane and Finlayson Street and traffic issues from widening the road.

 

Doug Stuart, speaking on behalf of the Lane Cove Bushland and Conservation Society, urging Council to continue the fight against amalgamation.

 

Randy Lapham of Lane Cove commenting on parking requirements for the future and asking Council whether this is being planned for.

 

Ron Gornall of Lane Cove urging Council to continue the fight against amalgamation.  Also concern about a possible section 96 application he has heard may be submitted in relation to a development in Mafeking Avenue.

 

Reg Mui of Lane Cove West, requesting Council ensure that the Moore Street gates are closed during the prescribed time and also urging Council to continue the fight against amalgamation.

 

Francis Vissel of Lane Cove encouraging Council to continue with Court proceedings to fight amalgamation.

 

Tom Lawson from Greenwich urging Council to continue the fight against amalgamation.

 

Don Murchison from Lane Cove urging Council to continue the fight against amalgamation.

 

Merri Southwood of Greenwich, speaking on behalf of the Greenwich Community Association urging Council to continue the fight against amalgamation.

 

Alice Beauchamp of Lane Cove urging Council to continue the fight against amalgamation.

 

Mark Spur of Longueville objecting to the Northwood Planning Proposal.

 

Graham Skerrett Managing Director of Pathway Residences speaking in support of the Northwood Planning Proposal.

 

Ron Giddeon of Longueville objecting to the Northwood Planning Proposal.

 

Alistair Stuart of Lane Cove urging Council to continue the fight against amalgamation.

 

Alexandra Meldrum of Lane Cove objecting to the proposed widening of Finlayson Street.

 

RESUMPTION OF STANDING ORDERS

3

RESOLVED on the motion of Councillors Brooks-Horn and Palmer 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 - 5 DECEMBER 2016

4

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 5 December 2016 be received and 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).

 

 

Officer Reports for Determination

 

Council Merger Proposal Court Action

5

RESOLVED on the motion of Councillors Bennison and Karpin that, in the matter of Lane Cove Council vs Minister for Local Government, that Council reaffirm its commitment to the residents of the Lane Cove LGA and to the Traditional Owners of this land by continuing the appeal currently before the Court of Appeal relating to the Land and Environment Court’s decision dated 20 September 2016.

 

 

For the Motion were Councillors Karpin, Palmer, Bennison, Brent and Strassberg (Total 5).

Against the Motion were Councillors Gold, Hutchens, Brooks-Horn and Cheong (Total 4).

 

 

 

 

Northwood Shops Planning Proposal 29

6

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that Council not support Planning Proposal 29 to permit a residential care facility at 4 -18 Northwood Rd and 274 & 274A Longueville Rd, Lane Cove for the following reasons:-

            (i)         The proposed bulk and scale is out of proportion with the 1-2 storey context                         of the area, and challenges the primacy of the Village CBD, sending mixed                         messages to other uses in this and other B1 Neighbourhood Centres;

            (ii)        The proponent has failed to make a supportable case for the land use                                changes proposed;

            (iii)       The traffic impact significantly underestimates the impact of the proposal on                         the state and local roads, in particular, traffic impacts to the Northwood                              residential precinct;

            (iv)       Necessary intersection design and road modifications are outdated or not                         addressed;

            (v)        Proposed parking is unlikely to cater for staff and visitors, especially on the                         weekend;

            (vi)       It has the effect of isolating No.272 Northwood Road from achieving the                            minimum site area for residential flat developments appropriate to its R4                            zoning;

            (vii)      Council has amenity and safety reservations about the location of a                                    residential care facility on such a busy intersection; and

            (viii)     The draft plans submitted will need to be modified to comply with DCP Part                         H for land adjacent to bushland.

 

 

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).

 

Fleming Street Private Road Re-naming

7

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

1.   Give notice of its intention to  name the private roadway off Fleming Street as Pendray Close;

2.   Exhibit the proposed street name for public comment for six (6) weeks as per the consultation strategy outlined in the report; and

3.   Consider a further report on the outcome of the public exhibition.

 

 

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).

 


 

 

Conduct of the September 2017 Local Government Election

8

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

1.         The report be received and noted;

2.         Council appoint the NSW Electoral Commission to administer the Council elections proposed for 9 September, 2017 (or other date as determined);

3.         Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council;

4.       Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a        council poll arrangement be entered into by contract for the Electoral           Commissioner to administer all council polls of the Council; and

5.       Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a        constitutional referendum arrangement be entered into by contract for the Electoral        Commissioner to administer all constitutional referenda of the 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).

 

Adoption of the Reconciliation Action Plan

9

RESOLVED on the motion of Councillors Bennison and Karpin that consideration of the matter be deferred and referred to the Aboriginal Advisory Committee for comment prior to further consideration by Council.

 

 

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

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

 

2nd Quarter Review of the 2016-2017 Budget

10

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

All Numbers(000’s)

Original Budget

30.09.2016
Quarter 1 Revised Budget

31.12.2016 Quarter 2 Adjustments

31.12.2016 Quarter 2 Revised Budget

Expenditure

$40,862

$188

$186

$41,236

Income

$52,095

$706

$197

$52,998

Surplus/ (Deficit)

$11,233

$518

$11

$11,762

Surplus/(Deficit) before

Capital Grants/Contributions

$278

$18

 

$11

 

$307

 

 

 

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).

 

January 2017 Traffic Committee Meeting

 

MOTION

A motion was moved by Councillors Cheong and Brooks-Horn that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 24 January 2017, with the following amendments to Y2: Delete parts 1, 2 and 3 of the recommendation and substitute with:- 
            1.         Council further review the safety of residents’ vehicles entering the road at                         the curved section of Penrose Street and Bridge Street;
            2.         If found necessary, investigate devices to improve the safety issue                                    mentioned above; and
            3.         Report back to a Council Meeting as a matter of urgency following the      

           review and investigation.

 

FORESHADOWED MOTION          

A Foreshadowed Motion was moved by Councillors Palmer and Brent that Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 24 January 2017.

 

11

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

For the Motion were Councillors Gold, Hutchens, Karpin, Bennison, Brooks-Horn and Cheong (Total 6).

Against the Motion were Councillors Palmer, Brent and Strassberg (Total 3).

The Foreshadowed Motion lapsed.

 

Proposed Road Closure, 25-27 Longueville Road, Lane Cove

12

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

1.         Note that following public notification in the North Shore Times and by letters to relevant stakeholders, on balance there are significant community benefits to the proposed closure and relocation of the Pedestrian Laneway between 25-27 Longueville Road, Lane Cove to between 29-31 Longueville Road; and

2.         Apply to the Department of Primary Industries – Lands to formally close as public road the Pedestrian Laneway between 25-27 Longueville Road as shown in AT 1.

 

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).

 


 

 

Future of Shorelink - Exit by Willoughby City Council

13

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

1.   Note the correspondence from Willoughby Council and its consequence that the Shorelink Deed of Agreement will terminate in December 2017;

2.   Continue to participate in a co-operative Library Network with the remaining Shorelink Councils for 2017/18;

3.   Host a meeting of Mayors and General Managers to see if there are changes to the way that the Shorelink Library Network operates that would present an opportunity for Willoughby to reconsider their current position to withdraw; and

4.   Be a party to a bridging Deed of Agreement (with the same terms and conditions as the 1983 Agreement), if required, to give a legal basis to the Library co-operative between January-June 2018.

 

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).

 

Officer Reports for Information

 

Illegal Dumping from Multi Unit Dwellings

14

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).

 

2nd Quarter Review of the 2016-17 Delivery Program and Operational Plan

15

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the 2nd 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).

 

Council Snapshot

16

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).

 


 

 

CLOSE

 

The meeting closed at 8.25pm

 

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

 

MAYOR

 

 

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