Minutes of Ordinary Council

Ordinary Council 15 May 2017

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, Acting Manager – Strategic Planning, Strategic Planner, Manager - Traffic and Transport and Office Manager – Human Services.

DECLARATIONS OF INTEREST:

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to “Financial Assistance Grants to Community Groups: 2017/2018” as he is a Council representative on the Board of Lane Cove & North Side Community Services. He advised he would debate and vote on the item.

Councillor Hutchens declared a non pecuniary conflict of interest that is not significant in relation to “Financial Assistance Grants to Community Groups: 2017/2018” as she is a Council representative on the Board of Lane Cove & North Side Community Services. She advised she would debate and vote on the item.

Councillor Brent declared a non pecuniary conflict of interest that is not significant in relation to “Financial Assistance Grants to Community Groups: 2017/2018” as she is President of Centrehouse Inc. She advised she would vacate the Chamber and not debate or vote on the item.

Councillor Bennison declared:-

· A non pecuniary conflict of interest that is not significant in relation to “Post Consultation Report – Planning Proposal and Draft Development Control Plan for 75-79 Lithgow Street & 84-90 Christie Street, St Leonards” and “Results of Consultation – Voluntary Planning Agreement – 75-79 Lithgow Street and 84-90 Christie St, St Leonards” as he is Council’s appointed representative to the Joint Regional Planning Panel (JRPP). He advised he would vacate the Chamber and not debate or vote on the item; and

· A non pecuniary conflict of interest that is not significant in relation to “Financial Assistance Grants to Community Groups: 2017/2018” as he is the auditor of Longueville Sporting Club. He advised he would vacate the Chamber and not debate or vote on the item.

Councillor Palmer declared a non pecuniary conflict of interest that is not significant in relation to “Financial Assistance Grants to Community Groups: 2017/2018” as her husband is on the Greenwich Sailing Club Committee. She advised she would debate and vote on the item.

Councillor Strassberg declared a non pecuniary conflict of interest that is not significant in relation to “Lane Cove Village Traffic Management Plan” as he is a resident of Sutherland Street. He advised he would vacate the Chamber and not debate or vote on the item.

APOLOGIES

Apologies were received on behalf of Councillor Cheong.

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

For the Motion were Councillors 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 Reverend Eric Percival of St Giles Greenwich Anglican 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.

Procedural Motion

RESOLVED on the motion of Councillors Brooks-Horn and Gold that consideration of the confidential item be deferred to the end of the meeting and considered as the final item.

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

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

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

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Reg Miu of Lane Cove West, supporting Council’s stance against forced mergers.

Frances Vissel of Lane Cove, supporting Council’s stance against forced mergers.

Doug Stuart of Longueville, speaking in support of Council fighting against amalgamation and commending Council on the public consultation process regarding the Lane Cove Village Traffic Management Plan and urging Council to continue through the design development phase.

Zack Ashby of Lane Cove, commending Council on the public consultation process and in support of the full closure of the eastern end of Sutherland Street regarding the Lane Cove Village Traffic Management Plan.

Don Murchison of Greenwich, speaking on the Lane Cove Village Traffic Management Plan, urging Council to consider a Village Bicycle Plan as well. Also urging Council to seek section 94 funding for bicycle infrastructure with respect to the Voluntary Planning Agreement at St Leonards. Expressing concern over the outcome of the shared user pathway on Greenwich Road.

Monique Murchison of Greenwich, commending Council on the bike and scooter racks installed on Greenwich Road and requesting additional bike and scooter racks.

Anita Thommesen, thanking Council for the public consultation process regarding the Lane Cove Village Traffic Management Plan.

Neil Fagg of Lane Cove, expressing concern at the removal of parking in Finlayson Street and the requirement for parking for deliveries.

Jacky Barker of Lane Cove, speaking in support of Council fighting against amalgamation. Commending Councils Local Studies Unit at the Library. Expressing concern with respect to the way the communication for public consultation of the Lane Cove Village Traffic Management Plan was handled and the timing of the consultation. Expressing concern over whether the Early Childhood Centre is remaining at Centrehouse and provision of OOSH for older children.

Paul Williams of Lane Cove, expressing concern over Lane Cove Village Traffic Management Plan.

Peter Tiffin of Greenwich, speaking in support of the installation of a bicycle rack at Greenwich Baths.

RESUMPTION OF STANDING ORDERS

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 and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 10 APRIL 2017

RESOLVED on the motion of Councillors Gold and Brooks-Horn that that the minutes of the Ordinary Council meeting held on the 10 April 2017 be received and confirmed.

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

Against the Motion was Nil (Total 0).

Notices of Motion

Notice of Motion - Merger Court Action and Council Poll
61	RESOLVED on the motion of Councillors Bennison and Karpin that:-
	1. Council, in conjunction with our legal Counsel, immediately commence the preparation of a draft application to the High Court seeking special leave to appeal, in case our current Supreme Court action is unsuccessful; 2. (a) Should Council lose its current appeal in the Supreme Court or any aspect thereof and if, in the opinion of our legal Counsel an application to the High Court to overturn that decision has ‘reasonable prospects’ of success, then the General Manager is directed to seek special leave to appeal to the High Court and to obtain injunctions as necessary to allow the matter to proceed to hearing; (b) The General Manager be given delegated authority to undertake any of the requirements to proceed as directed in (a); and (c) A copy of all applications, legal opinions and other correspondence be provided ‘in confidence’ to Councillors as and when obtained. 3. In conjunction with the Local Government elections scheduled for the 9 September 2017, that Council conduct a Poll as described in s14 of the Local Government Act 1993; and (a) the General Manager liaise with Hunters Hill and Ryde Councils to aim for consistency across the LGAs with respect to: i. the questions to be included in the Poll, and ii. the nature and timing of information disseminated to electors. (b) the Poll questions be of the form: i. Do you want Lane Cove to amalgamate with Hunters Hill and Ryde Councils? Yes/No; and ii. Should Lane Cove become amalgamated with Hunters Hill and Ryde Councils, would you support the de-amalgamation of Lane Cove if this choice was available to you? Yes/No. (c) the information to be provided to electors for the “YES” case for Poll question (c)(i) should be based upon the merger proposal prepared by the NSW State Government in January 2016. (d) for Lane Cove, the mediums to be used to disseminate the Poll information to include: i. Lane Cove Council’s website; ii. The Village Observer; and iii. circulation with rate notices, if practical. 4. In the event that Lane Cove’s Poll supports the merger with Hunters Hill and Ryde, that this Council withdraws from any legal action against the merger proposal.
	For the Motion were Councillors Karpin, Palmer, Bennison, Brent and Strassberg (Total 5). Against the Motion were Councillors Gold, Hutchens and Brooks-Horn (Total 3).

Matter Arising

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

1. With respect to any affidavits or other applications that either Councillor Scott Bennison and/or Councillor David Karpin be authorised to sign; and

2. With respect to the Poll questions, that professional advice be obtained about the appropriate wording of the questions and the supporting arguments.

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

Against the Motion were Councillors Gold, Hutchens and Brooks-Horn (Total 3).

Officer Reports for Determination

Councillor Strassberg left the meeting at 7:51pm

Councillor Karpin left the meeting at 7:52pm

Councillor Karpin returned to the meeting at 7:55pm

Lane Cove Village Traffic Management Plan

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

1. The signalisation of Burns Bay Road/ Tambourine Bay Road/ Coxs Lane proceed and Council undertake the detailed design including for submission to the RMS for approval;

2. The necessary land for the signalisation of Burns Bay Road/ Tambourine Bay Road/ Coxs Lane be acquired;

3. The full closure of Sutherland Street at Coxs Lane intersection proceed and Council undertake the detailed design for submission to the RMS for approval;

4. Three months after the implementation of Parts 1 and 3 above, Council undertake a survey of traffic flow in Graham Street to determine if parking should be restricted to one side of Graham Street;

5. Indented parking bays be constructed and parking be restricted to one side of Coxs Lane between Finlayson and Birdwood Avenue, to coincide with the opening of the new Rosenthal Avenue Car Park;

6. The land located at the north-eastern corner of Coxs Lane/ Finlayson Street (17-21 Finlayson Street) to facilitate the indented parking bays be acquired;

7. Subject to an appropriate design being developed, a roundabout be constructed on the corner of Finlayson Street and Coxs Lane, to coincide with the opening of the new Rosenthal Avenue Car Park;

8. Parking be restricted on both sides of Coxs Lane between Finlayson Street and Sutherland Street, to coincide with the opening of the new Rosenthal Avenue Car Park;

9. Parking be restricted on both sides of Finlayson Street between Rosenthal Avenue and Coxs Lane, to coincide with the opening of the new Rosenthal Avenue Car Park;

10. Council work with the RMS to signalise the intersection of Epping Road/ Coxs Lane to facilitate a right hand turn onto Epping Road;

11. Council to explore the possible footpath widening on the southern side of Finlayson Street to accommodate a bicycle/pedestrian Shared User Path (SUP);

12. Consideration be given to creating an indented parking bay in Finlayson St (between Rosenthal Ave and Coxs Lane) which would allow very short-term parking during business hours; and

13. Participants in the consultation and affected residents be notified of the Council’s decision.

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

Against the Motion was Nil (Total 0).

Absent was Councillor Strassberg (Total 1).

Councillor Strassberg returned to the meeting at 7:58pm.

Councillor Bennison left the meeting at 7:58pm.

Post Consultation Report - Planning Proposal and Draft Development Control Plan for 75-79 Lithgow Street & 84-90 Christie Street, St Leonards

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

1. Receive and note the report;

2. Adopt an amended Planning Proposal for 75-79 Lithgow Street and 84-90 Christie Street, St Leonards (known as Site A) as follows:-

a) Rezone Site A (as shown in Figure 1), part of Lithgow Street and Christie Lane from B3 Commercial Core to B4 Mixed Use.

b) Increase the building heights of Site A to a maximum of RL 227.4 metres (east tower) and RL 166.8 metres (west tower).

c) Provide an FSR bonus mechanism to a maximum of 17.6:1 on Site A to allow for

i. An additional FSR of 2:1 for providing public car parking in association with the full size supermarket on site; and

ii. an additional FSR of up to 1.6:1 for site amalgamation of 546-564 Pacific Highway, adjacent to the site, for a new commercial building (on Site B) to be constructed concurrently with Site A.

d) Include a non-residential floor space ratio for Site A which must not be less than 2.5:1, however if Site B is amalgamated, this can be reduced to 1.5:1.

3. Remove the FSR that currently applies to the portion of land in Lithgow Street;

4. In accordance with the Planning Proposal, that a Voluntary Planning Agreement be entered into in respect of the land;

5. Forward the amended Planning Proposal to NSW Planning and Environment to be finalised;

6. Amend the Draft Development Control Plan to incorporate the changes proposed in this report; and

7. Advertise the adoption of these DCP Amendments in a local newspaper as soon as practical.

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

Results of Consultation - Voluntary Planning Agreement - 75 - 79 Lithgow St and 84 - 90 Christie St, St Leonards

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

1. Council receive and note the report;

2. Council enter into a Voluntary Planning Agreement as outlined in the report with the developer of 75-79 Lithgow St and 84-90 Christie St, St Leonards, subject to the Voluntary Planning Agreement being amended to require Site B to include a new commercial building with a minimum of 10 storeys; and

3. The General Manager be authorised to finalise the terms and conditions of the proposed Voluntary Planning Agreement and sign the Agreement on behalf of Council.

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison (Total 1).

Councillor Bennison returned to the meeting at 08:01pm

Matter Arising

RESOLVED on the motion of Councillors Bennison and Gold that Council write to the Minister for Planning and Housing and Special Minister of State, The Hon. Anthony Roberts MP and request that he amend the Code of Conduct for the Joint Regional Planning Panel (JRPP) and exempt Councillors from having a conflict of interest arising solely from their role as a Councillor appointment to the panel.

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

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

Fleming Street Private Road Re-Naming

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

1. Name the private roadway between 18 and 20 Fleming Street to Pendray Close;

2. Renumber the properties along the roadway to those shown in this report;

3. Place a sign at the commencement of Pendray Close indicating the road name;

4. Notify property owners and other submitters of Council’s decision;

5. Notify the appropriate agencies of the change; and

6. Publish this decision in the local newspaper as soon as practicable.

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

Against the Motion was Nil (Total 0).

Adoption of the Reconciliation Action Plan August 2016 – June 2018

RESOLVED on the motion of Councillors Bennison and Gold that the Draft Innovate Reconciliation Action Plan, March 2017 – June 2018 be amended with the above changes and be adopted.

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

Against the Motion was Nil (Total 0).

Councillors Bennison and Brent left the meeting at 8:23pm.

Financial Assistance Grants to Community Groups: 2017/2018

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

1. Allocate the following Financial Assistance Grants to Community Groups for 2017-2018;

· Centrehouse Inc – (year 2 of 3 year Service Agreement)	$60,917
· Centrehouse Inc – relocation funding	$20,000
· Centrehouse Inc – Lloyd Rees Youth Memorial Art Award	$8,000
· Lane Cove Art Society	$9,000
· Lane Cove Choristers	$1,500
· Lane Cove Concert Band	$5,964
· Lane Cove Music	$800
· Lane Cove Youth Orchestra	$4,000
· Sydney Eisteddfod	$1,000
· KYDS (Kuringai Youth Development Service)	$4,000
· StreetWork Incorporated	$4,000
· Taldumande Youth Services	$4,000
· DARTS – Northside Community Forum	$3,000
· The Shepherd Centre	$4,000
· Greenwich Sailing Club	$5,000
· Lane Cove and North Side Community Services	$247,122
· Lane Cove Community Men’s Shed	$1,845
· The Meeting House	$35,000
· North Shore Rowing Club	$25,000
· Women’s Action and Information Group (WAIG)	$2,500
Standard Rates and Contributions
· Anzac Ceremony	$1,500
· Lane Cove Bowling and Recreation Club	$6,672.17
· Pottery Gardens Aged Homes	$12,750
· Birrahlee Kindergarten	$8,689.33
· Longueville Sporting Club	$3,914.24
· Chatswood South Uniting Church	$500

2. Provide the following Cultural Venue Performance Hire Subsidy Funds for 2017-2018;

· Lane Cove Concert Band

$500

3. That Council defer consideration of the Lane Cove Theatre Company grant applications for Financial Assistance and the Cultural Venue Performance Subsidy Program until a meeting has been held to discuss these grant applications and a report is brought back to Council regarding the outcomes of the meeting.

4. Give Public Notice of the proposed Financial Assistance Grants to Community Groups and to the Cultural Venue Performance Hire Subsidy Funds for 2017-2018, and subject to no objections being received, grant the funds to the recommended groups;

5. Host the Community Grants Presentation Ceremony on Wednesday 2 August 2017, as part of the Financial Assistance Grants process; and

6. Write to:-

a. all Incorporated Associations that receive funding from Council inviting them to attend Board Training on changes to the Associations Incorporation Regulations 2016.

b. provide all applicants feedback regarding their application in relation to the Grant Application Guidelines.

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

Against the Motion was Nil (Total 0).

Absent was Councillor Bennison and Brent (Total 2).

Councillors Bennison and Brent returned to the meeting at 8:24pm.

Results of the Consultation for the 2017/18 Draft Operational Plan, 2017/18 Draft Budget and 2017/18 Draft Fees and Charges

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

1. The revised Draft Budget 2017-18 shown attached as AT-2 be adopted subject to the Budget for 2017-18 being amended to show Profit from Disposal of Assets - Property being $50,000,000 and Profit from Sale of Assets – Vehicles being reduced to $50,000 and the Draft Operational Plan 2017/18 be adopted subject to the Budget Summaries throughout the document being updated to reflect changes in the revised Draft Budget 2017-18. Further, the revised Draft Fees and Charges 2017/18 shown attached as AT-3 and updated Long Term Financial Plan shown attached as AT-4 ,also be adopted.

2. Council fix the Ordinary Rates and Charges for 2017/18 as:-

a) Ordinary Rates

(i) An Ordinary Residential Rate of 0.119138 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $788, to yield $17,703,547.

(ii) An Ordinary Business Rate of 0.620667 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $866 to yield $5,215,387.

(iii) Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.195165 cents in the dollar be made for 2017/18 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $160,839.

b) Domestic Waste Management Charges

(i) In accordance with S.496 of the Local Government Act 1993, that an annual charge of $425.00 per annum be made for the year 2017/18 for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii) In accordance with S.496 of the Local Government Act 1993, that an annual charge of $110.00 per annum be made for the year 2017/18, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service be made for the year 2017/18, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2017/18, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2017/18, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

(vi) In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2017/18, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.80 per fortnightly service be made for the year 2017/18 for each extra recycling service to single residential dwellings.

c) Interest on Overdue Rates and Charges

In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2017 to 30 June 2018 to all outstanding rates and charges be calculated at the maximum interest rate currently 8.0% as specified by the Minister for Local Government.

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

Against the Motion was Nil (Total 0).

3rd Quarter Review of the 2016-2017 Budget

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the 2016 – 2017 Budget be varied as follows:-

	Original Budget 000’s	30.09.2016 Quarter 1 Revised Budget 000,s	31.12.2016 Quarter 2 Revised Budget 000,s	31.03.2017 Quarter 3 Adjustments 000,s	31.03.2017 Quarter 3 Revised Budget 000,s
Expenditure	$40,862	$188	$186	$227	$41,463
Income	$52,095	$706	$197	$20,241	$73,239
Surplus/ (Deficit)	$11,233	$518	$11	$20,014	$31,776
Surplus/(Deficit) before Capital Grants/Contributions	$278	$18	$11	$20,014	$20,321

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

Against the Motion was Nil (Total 0).

Local Government Remuneration Tribunal Determination for Councillor Fees

RESOLVED on the motion of Councillors Gold and Brooks-Horn that the following annual fees be paid to the Mayor and Councillors for 2017/18:-

· Councillors $19,310; and

· Mayor $42,120 (in addition to the Councillors fee).

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

Against the Motion was Nil (Total 0).

Local Government NSW - Reinforcing Local Democracy Roundtable

RESOLVED on the motion of Councillors Brooks-Horn and Gold that Council endorse and pay for the attendance of any Councillor nominating to attend the Reinforcing Local Democracy Roundtable hosted by LGNSW on 31 May 2017.

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

Against the Motion was Nil (Total 0).

Officer Reports for Information

Lane Cove Mayors: A Retrospective 1895 - 2017

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that the publication of “Lane Cove Mayors: A Retrospective 1895 – 2017” be noted and the General Manager be authorised to make any amendments to the text prior to publication.

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

Against the Motion was Nil (Total 0).

Western Harbour Tunnel and Beaches Link

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

1. The report be received and noted; and

2. A further report to be submitted to Council when the Environmental Impact Assessment (EIA) of the Western Harbour Tunnel and Beaches Link project is released by the RMS.

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

Against the Motion was Councillor Palmer (Total 1).

Matter Arising

RESOLVED on the motion of Councillors Bennison and Gold that Council make representation to the RMS and Local Members of Parliament, seeking filtration of any tunnel stacks arising from the proposed Beaches Link Tunnel and in the event that filtration is provided, filtration be retro-fitted to the Lane Cove Tunnel exhaust stacks and also expressing concern about the increased traffic levels on Pacific Highway and Epping Road which are likely to arise from tunnel exits at Pacific Highway, Lane Cove.

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

Against the Motion was Nil (Total 0).

Performance Audits NSW Auditor General

RESOLVED on the motion of Councillors Bennison and Karpin that the report be received and noted.

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

Against the Motion was Nil (Total 0).

3rd Quarter Review of the 2016-17 Delivery Program and Operational Plan

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the 3^rd Quarter Review of the 2016-17 Delivery Program and Operational Plan be received and noted.

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

Against the Motion was Nil (Total 0).

Council Snapshot

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 and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

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:

Waste and Recycling Collection Contract

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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

RESOLVED on the motion of Councillors Brooks-Horn and Brent 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; and

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 and Strassberg (Total 8).

Against the Motion was Nil (Total 0).

Closed Committee commenced at 8.37 pm. The public and media left the Chamber.

Open Council resumed at 8.42 pm. The public and media were invited into the Chamber.

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

Waste and Recycling Collection Contract

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

1. Council exercises its power under Section 55(3) of the Local Government Act not to call for a new waste tender given the extenuating circumstances identified in the report, including the ongoing uncertainty in relation to Council mergers;

2. The contract variations addressed in United Resource Management (URM) Pty Ltd letter dated 5^th October 2016 (AT-1) be incorporated into the contract, excluding the three (3) years (+ two (2) year extension) term of the proposed contract;

3. Under the contract extension, Council and United Resource Management (URM) Pty Ltd will enter into contract negotiations to address any credited monies that are provided under the Container Deposit Scheme (CDS) when it comes into operation;

4. United Resource Management (URM) Pty Ltd be notified of Council’s decision in this matter; and

5. The General Manager be delegated the authority to negotiate and sign the contract extension agreements with United Resource Management (URM) Pty Ltd, in accordance with the current Waste Collection and Recycling Contract for 2 years (+ 1 year extension option) which includes the variations contained in AT-1, with an exit clause included that allows Council to terminate the contract extension, subject to 12 months notice being given to the contractor under Council’s Common Seal.

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

Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 8:43pm.

Confirmed at the Ordinary Council Meeting of Monday, 19 June 2017, at which meeting the signature herein is subscribed.

MAYOR

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