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Minutes

Ordinary Council Meeting

20 March 2017, 6:55pm

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 March 2017

Minutes

 

PRESENT: Councillor D. Hutchens (Chair), Councillor S. Bennison, 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, Director – Major Projects, Acting Manager – Strategic Planning 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:

 

Update on Sale Contract Changes - 314 Burns Bay Road, 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

17

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

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6.55 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:

 

Councillor Bennison declared a non pecuniary interest that is not significant in relation to  “Proposed Partial Road Closure – Rosenthal Car Park Development”  as he is joint owner of a property at 3/7 Birdwood Avenue opposite the development.  He advised he would vacate the chamber and not debate or vote on the item.

 

Councillor Brooks Horn declared a non pecuniary interest that is not significant in relation to  “Proposed Partial Road Closure – Rosenthal Car Park Development” as he is a Board Member of the Club formerly known as Lane Cove Club opposite the development.  As this is a non-trading entity with no assets he advised that he would debate and vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillor Brent.

18

RESOLVED on the motion of Councillors Palmer and Strassberg that the apology be accepted and leave of absence be granted.

 

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

Against the Motion was Nil (Total 0).

 

Leave of absence was requested by Councillor Karpin for the Ordinary Council meeting on 10 April 2017.

19

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that leave of absence be granted to Councillor Karpin for the Ordinary Council meeting on 10 April 2017.

 

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

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev Eric Percival of St Giles’ Anglican Church

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

 

SUSPENSION OF STANDING ORDERS

20

RESOLVED on the motion of Councillors Brooks-Horn and Gold 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, Brooks-Horn, Strassberg and Cheong (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Henrietta Miller of Finlayson Street, expressing concern for the trees on Finlayson Street, noise, traffic and truck movements for the proposed Rosenthal Development.

 

John Turton of Sutherland Street, objecting to the proposed turning circle change in Sutherland Street identified in the Traffic Management Plan.  Suggesting that the widening of Coxs Lane would alleviate traffic issues.

 

Don Murchison congratulating Council on the implementation of the shared user path entry to Blackman Park. Expressing concern over the narrowing of the shared user path on Greenwich Road.  Requesting Council to consider shared user pathway infrastructure with respect to Rosenthal Carpark/St Leonards proposed developments.

 

Zack Ashby of Sutherland Street, expressing concern over the widening of Finlayson Street and Coxs Lane.  Suggesting the alternative of removing parking on Coxs Lane and Finalyson Street, and close off Sutherland Street with the turning edge moved up towards the eastern edge, to avoid rat-run traffic issues.

 

Anita Thommesen of Finlayson Street, expressing and objecting to tree removal in Finlayson and recommending removal of parking instead of widening the road.

 

Christine Anderson of Finlayson Street, objecting to the removal of trees in Finlayson Street, Coxs Lane and Graham Street.

 

Marie deLepervanche of Sutherland Street, commenting on the Lane Cove Village Traffic Management Plan, expressing concern about the proposed closure of Sutherland Street and the proximity of the turning circle to her property boundary.

 

Jenny Havyatt of Sutherland Street, objecting to the removal of trees in Graham Street, urging Council to remove parking on Graham Street on one side and to close Sutherland Street.

 

Alexandra Meldrum of Lane Cove, objecting to the proposed widening of streets and the loss of trees.  Expressing concern about local traffic during peak hour.

 

Paul Hopmeier of Finlayson Street, expressing concern over traffic in Lane Cove and that the proposed development of Rosenthal Car Park Development will make this situation worse.  Commenting on information in the Traffic Management Plan.

 

Doug Stuart representing the Lane Cove Bushland and Conservation Society expressing concerns over information in the Traffic Management Plan and objecting to the removal of trees in Finlayson Street and Coxs Lane.

 

Toby Wetherill of Lane Cove North commenting on the LEP report requesting that Council put forward for separate voting on the potential planning anomaly on Roslyn Street.  Expressing concern and confusion over ongoing developer approaches, due to the zoning anomaly.

 

Simon Lake of Lane Cove North objecting to the LEP proposal to rezone from L2 to L4.

Tony Coleman of Roslyn Street, Lane Cove, seeking a separate agenda item and further discussion regarding rezoning of Roslyn Street and the mapping anomaly.

 

David Bowman of Mowbray Road seeking to have the zoning matter voted on as a separate item.

Peter Cortis-Jones of Gay Street, requesting Council to review of the origins of Mowbray Road West Precinct Plan and the original intent of the plan.

 

Ruth Neumann of Lane Cove, speaking in support of addition of the Environmental Protection Layer onto 14 Gay Street to the LEP Amendments.

 

Caroline Nuttal of Maddocks Lawyers, speaking on behalf of Kerrie Gordon owner of a property in Stuart Street, Longueville, objecting to the proposed acquisition of her land and proposing alternate arrangements.

 

Francis Vissel of Lane Cove North objecting to the Mayoral Minute regarding the hiring of the Cove Room.

 

Hui Chyuan Seah and Nicole Hughes of Zeta Road, speaking in support of the release of the 2 covenants on 2 Zeta Road.

 

RESUMPTION OF STANDING ORDERS

21

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 FEBRUARY 2017

22

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 20 February 2017 be received and confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Procedural Motion

23

RESOLVED on the motion of Councillors Brooks-Horn and Cheong that the ‘Housekeeping LEP Amendments: Planning Proposal 24 – Post Consultation Report’ be dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Housekeeping LEP Amendments: Planning Proposal 24 - Post Consultation report

24

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the matter be deferred to a Councillor workshop and at the workshop Council will also consider options to retain affordable housing opportunities in the area.

 

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

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

 

Procedural Motion

25

RESOLVED on the motion of Councillors Cheong and Gold that the ‘Proposal to Remove Two Covenants – 2 Zeta Road, Lane Cove’ be dealt with as the next item.

 

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

Against the Motion was Nil (Total 0).

 

 

 

 

Proposal to Remove Two Covenants - 2 Zeta Road, Lane Cove

26

RESOLVED on the motion of Councillors Cheong and Gold that in view of the merits of the application and position of the Independent Hearing and Assessment Panel, Council approve the release of the 2 covenants relating to height and landscaping at 2 Zeta Road, Lane Cove.

 

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

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Mayoral Minute - Use of the Council Civic Centre by Political and Lobby Groups

 

Motion

A motion was moved by Councillors Hutchens and Brooks-Horn that Council not hire any meeting spaces within the Civic Centre, 48 Longueville Road, Lane Cove to registered political parties and/or political lobby groups.

 

PROCEDURAL MOTION

27

RESOLVED on the motion of Councillors Karpin and Palmer that the ‘Mayoral Minute – Use of the Council Civic Centre by Political and Lobby Groups’ be put.

 

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

Against the Motion was Nil (Total 0).

 

 

28

Upon being put to the meeting the voting on the motion was equal.

 

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

Against the Motion were Councillors Karpin, Palmer, Bennison and Strassberg (Total 4).

The Mayor exercised a casting vote for the motion and the motion was declared carried.

 


 

 

Implementation of Legislation to manage Boat Trailer Parking

29

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

1.       Council applies to the Office of Local Government declaring Lane Cove Council as an interested entity in implementing the Impounding Amendment (Unattended Boat Trailers) Act 2015.

2.       Council consult with its community and neighbouring councils regarding its intention to implement the legislation.

3.       Following the community consultation period a further report be presented to Council.

4.       An audit of areas where Council has received complaints, known trailers and within close proximity of the waterfront be conducted to indentify:-

          a.       the total number of parked boats in Lane Cove;

b.       where they are located, noting the width of the roadway, whether it is a bus route, proximity to a school, child care centre, place of assembly; and

          c.       any out of area boats and trailers parked in the Lane Cove area;

          the information of the audit to be included in the report be presented to Council.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Cheong left the meeting at 8.48pm.

 

Matter Arising

30

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council write to The Hon Melinda Pavey MP, Minister for Roads, Maritime and Freight to ask the Minister to extend the Impounding Amendment Act 2015, to include all trailers.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brooks-Horn, Strassberg (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

 

Draft North District Plan - Review

31

RESOLVED on the motion of Councillors Bennison and Gold that Council write to the Greater Sydney Commission supporting the Draft North Plan, in principle, and highlighting the concerns outlined in the Council report.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brooks-Horn, Strassberg (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

 


 

 

Changes to the NSW Environmental Planning and Assessment Act - Review

32

RESOLVED on the motion of Councillors Karpin and Gold that Council authorise the General Manager to make a submission to the proposed changes to the NSW Environmental Planning & Assessment Act 1979, highlighting the concerns raised in the Council report and its’ attachments.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Bennison, Brooks-Horn, Strassberg (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Cheong (Total 1).

 

Councillor Bennison left the meeting at 8.49pm.

 

Proposed Partial Road Closure – Rosenthal Car Park Development

33

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

1.       Note that following public notification in the North Shore Times and by letters to relevant stakeholders, no valid objections were received to the proposed partial closure of relevant parts along Rosenthal Avenue and Rosenthal Lane;

2.       Apply to the Department of Primary Industries – Lands to formally close as public road those parts along Rosenthal Avenue and Birdwood Lane as   shown in AT 2;

3.       Note that the design parameters for the Rosenthal Development maintain 24 hour vehicle access to Birdwood Lane and Rosenthal Lane; and

4.       Grant consent to ADCO Constructions under s138 of the Roads Act for the excavation and construction works for the Rosenthal Development within the proposed road closure areas.

 

For the Motion were Councillors Gold, Hutchens, Karpin, Palmer, Brooks-Horn, Strassberg (Total 6).

Against the Motion was Nil (Total 0).

Absent were Councillors Bennison and Cheong (Total 2).

 

Councillors Cheong and Bennison returned to the meeting at 8.50pm.

 

2017/2018 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

34

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

1.       Council adopt for the purpose of public exhibition, the 2017-2018 Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan);

2.       Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3.       Following public exhibition, the 2017-2018 Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan) together with any submissions received, be considered at the Council meeting to be held on 15 May 2017.

 

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

Against the Motion was Nil (Total 0).

 

Matter Arising

35

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

1.         Write to the Auditor General and seek clarification regarding the following:-

a.      The cost of this years audit for Lane Cove Council;

b.      What additional tasks will be performed by the Auditor’s General Office that justifies the increase in costs; and

c.      with the outsourcing of the audit, what price was negotiated with PWC.

2. Write to Local Government NSW (LGNSW) to:-

a.    advise LGNSW of Council’s increase in audit fees;

b.    request that LGNSW determine the extent of increases in audit fees across councils in NSW; and

c.    request that they lobby the Auditor Generals Office and the Minister for Local Government to seek their support in obtaining an undertaking that future audit fees will be in line with previous years given that in most cases, it is the same audit firm performing the audit as in previous years.   

 

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

Against the Motion was Nil (Total 0).

 

NSROC Constitution Amendment

36

RESOLVED on the motion of Councillors Hutchens and Gold that Council endorse the proposed amendment to Clause 5 of the Constitution of the Northern Sydney Regional Organisation of Councils and direct its NSROC representatives to support this decision when the matter is considered by the NSROC Board.

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Council Snapshot

37

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

 

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

Against the Motion was Nil (Total 0).

 


 

Confidential Items

 

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

 

Update on Sale Contract Changes - 314 Burns Bay Road, 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.

38

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council grant authority to the General Manager to negotiate an adjustment to the purchase price with Hyecorp Property Group to remove Council’s obligation to remediate the site, transferring the risk to Hyecorp and undertake the investigations and actions outlined in the report.

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 8:58pm

 

Confirmed at the Ordinary Council Meeting of Monday 10 April 2017, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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