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Minutes

Ordinary Council Meeting

19 June 2017, 6:36pm

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 19 June 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 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  “Lane Cove and North Side Community Services – Merger and Name Change ”  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 “Lane Cove and North Side Community Services – Merger and Name Change”  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 Bennison declared  non pecuniary conflict of interest that is not significant in relation to “Rosenthal Project Community Liaison Group”  as he owns a unit opposite the Rosenthal Development.  He advised he would debate and vote on the item.

Councillor Strassberg declared a pecuniary conflict of interest that is significant in relation to “Response to Petition – Sutherland and Finlayson Street”  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 Brent.

82

RESOLVED on the motion of Councillors Palmer and Brooks-Horn 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).

 

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 Merger 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

83

RESOLVED on the motion of Councillors Bennison 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 6:39pm.  The public and media left the chamber.

 

Open Council resumed at 6:48pm.  The public and media were invited into the chamber.

 

The Mayor adjourned the meeting until 7pm.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Reverend Craig Potter of St. Aidan’s 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.

 

SUSPENSION OF STANDING ORDERS

84

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 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

Penny Mabbutt of Greenwich, representing the Greenwich Community Association, requesting Council to provide an update on the latest status of Greenwich Baths.

Peter Deane of Greenwich, representing the Greenwich Community Association, – urging Council to participate in a Community Engagement Forum proposed by Safework NSW regarding issues and operation of the Gore Bay Fuel Terminal.

Kathy Segal of Riverview, speaking in support of Lane Cove Theatre Company, thanking Council for previous funding and urging consideration for ongoing funding in the next financial year.

Jeremy Whitty of Longueville, expressing concern over the development of 7A Wharf Road, Longueville, proposed in DA 218/14 and S96 modification of consent for a seawall.

Jacky Barker of Lane Cove, addressing the petition she submitted for reinstatement of the floral display on Epping Road and speaking in support of the Lane Cove Council Garden Competition. Concern was expressed about not being able to access an online booking system for Council facilities and difficulties booking space in the Plaza. Speaking in support of Lane Cove Theatre Company receiving ongoing funding and congratulating the Sustainability Section of Council for their work and initiative. 

Marie de Lepervanche of Lane Cove, thanking Council for tables and bench seats installed in Coxs Lane Park and speaking in support of the petition for moving the cul-de-sac further east in Sutherland Street which will save 2 trees.

Randi Lapham of Lane Cove, urging Council to not create indented parking spaces on Finlayson Street, between Rosenthal Avenue and Coxs Lane.

Anita Thommesen of Lane Cove, requesting that the report on the Village Traffic Management Plan to the May Council meeting be amended so that the survey results shown in the petition submitted relates to Finlayson Street not Coxs Lane.  Urging Council to not create indented parking spaces or a shared bike path on Finlayson Street.

Neil Fagg of Lane Cove, speaking in support of enhanced streetscape and residential amenity in Finlayson Street and expressing concern over interpretation of petitions submitted.

Doug Stuart of Longueville, expressing concern over the Draft Vegetation State Environmental Planning Policy 2017.

Corinne Fisher of Lane Cove, expressing concern over the Draft Vegetation State Environmental Planning Policy 2017.

 

RESUMPTION OF STANDING ORDERS

85

RESOLVED on the motion of Councillors Brooks-Horn and Strassberg 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 - 15 MAY 2017

86

RESOLVED on the motion of Councillors Brooks-Horn and Gold that the minutes of the Ordinary Council meeting held on the 15 May 2017 be received and confirmed. Further, in relation to Minute No 63, Lane Cove Village Traffic Management Plan, it be noted the petition containing 382 signatories referred to in the report, advocated for saving street trees in Finlayson St between Rosenthal Ave and Coxs Lane.

 

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

 

Councillor Strassberg left the meeting at 7:33pm.

 

 

 

 

 

 

 

Response to Petition - Sutherland and Finlayson Street

87

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

1.     Council receive and note the petitions;

2.     Council investigate the proposed relocation of the Sutherland Street cul-de-sac moving further east and report back to Council; and

3.     The head petitioners to be informed of Council’s decision.

 

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

Against the Motion was Nil (Total 0).

Absent was Councillor Strassberg (Total 1).

 

Matter Arising

88

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

1.       Council form a Working Party to assess and review the options proposed prior to the submission of a report to Council for the Village Traffic Management Plan; matters, specifically the shared user path, indented parking bay and Sutherland Street turning bay; and

2.       The Working Party consist of Central Ward Councillors and 2 officers nominated by the General Manager.

 

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

Against the Motion was Councillor Palmer (Total 1).

Absent was Councillor Strassberg (Total 1).

 

Councillor Strassberg returned to the meeting at 7:43pm.

 

Inaugural Garden Competition

89

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

1.   The report be received and noted; and

2.   The Garden Competition be conducted.

 

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

Against the Motion was Nil (Total 0).

 

Lane Cove and Northside Community Services - Merger and Name change

90

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

1.   The report be received and noted; and

2.   The Lane Cove Community Grant and building lease and licence be transferred to Sydney Community Services Ltd.

 

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

Against the Motion was Nil (Total 0).

 

Rosenthal Project Community Liaison Group

91

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

1.   Endorse the Terms of Reference for the Rosenthal Project Community Liaison Group as detailed in AT-1;

2.   Make appointments to the Rosenthal Project Community Liaison Group from the nominations detailed in AT-2 to this report;

3.   The Terms of Reference and membership of the Rosenthal Project Community Liaison Group be reviewed every 12 months; and

4.   The nominees be advised of Council’s decision.

 

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

Against the Motion was Nil (Total 0).

 

Establishment of a Governance Document Framework

92

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

1.   Receive and note the information;

2.   Endorse the Governance Document Framework outlined in this Report; and

3.   In relation to paragraph 3 of the framework document, the word staff be changed to officers and delete the word policy.

 

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

Against the Motion was Nil (Total 0).

 

Draft Vegetation State Environmental Planning Policy 2017

93

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

1.       Receive and note the report.

2.       Make a submission on the draft Vegetation SEPP to the Land Management and Biodiversity Conservation Reforms Office as outlined in the report, including emphasising that:-

a.    Council supports the new Vegetation SEPP;

b.    Council opposes the proposed repeal of Clauses 5.9 and 5.9AA unless the SEPP provides similar wording and endorses the application of statewide tree protection guidelines;

c.    Native vegetation clearing in urban areas in environmental zones should always require development consent if it exceeds the BAM threshold; and

d.    the Native Vegetation Panel should be delegated to Council on an ongoing basis.

3.       In regard to the regulations, oppose the cash offsets where Endangered Ecological Communities in metropolitan areas are proposed for clearing.

 

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

Against the Motion was Nil (Total 0).

 

 

May 2017 Traffic Committee Meeting

94

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that Council adopt the recommendations of the Lane Cove Committee meeting held on Tuesday, 23 May 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).

 

Matter Arising

95

RESOLVED on the motion of Councillors Strassberg and Palmer that Council staff investigate the installation of safety barriers at the intersection of Bridge Street and River Road West, Lane Cove to improve safety for adjacent residences.

 

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 Information

 

Lane Cove Council Elections

96

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

Against the Motion was Nil (Total 0).

 

Planning for Bush Fire Protection Update 2017

97

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

 

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

Against the Motion was Nil (Total 0).

 

Community Wellbeing Survey 2017

98

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

Against the Motion was Nil (Total 0).

 

Council Snapshot

99

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

 

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

Against the Motion was Nil (Total 0).

 

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

 

UPDATE on MERGER 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.

100

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Council receive and note the information.

 

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

Against the Motion was Nil (Total 0).

 

 

CLOSE

 

The meeting closed at 7:53pm

 

Confirmed at the Ordinary Council Meeting of Monday, 17 July 2017, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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