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Minutes

Ordinary Council Meeting

21 August 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 21 August 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, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Acting Manager – Strategic Planning, and Office Manager – Human Services.

 

DECLARATIONS OF INTEREST:

Nil

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Karen Paull, Lane Cove Community Chaplain.

 

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

119

RESOLVED on the motion of Councillors Hutchens and Palmer 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, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

SUSPENSION OF STANDING ORDERS

120

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, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Professor Ray Kearney of Lane Cove, thanking the Mayor and Councillor Scott Bennison for their successful efforts in opposing the amalgamation.  Paying tribute to former staff member Peter Patterson for his work at Council and wishing him ongoing success.  Expressing concern over the item in the Council report, page 224, “OEH – Saving our Species program – LCBP – Multispecies Fungi project” regarding the responsibility for listing of Fungi in Lane Cove Bushland Park. 

 

Paul Hargrave, congratulating those on Council that fought against amalgamations.

 

Reg Miu, speaking on behalf of the Lane Cove West Residents Association, congratulating Council for fighting against forced amalgamation. Thanking Councillors for their efforts on behalf of community.

 

Doug Stuart of Longueville, congratulating Council for the stance they took on amalgamations and the final outcome and encouraging the incoming Council to fight any future amalgamations.  Congratulating Council on achieving the open space area in Pinaroo and urging Council to prioritise implementing a garden display along Epping Road.

 

Barry Lewis of Lane Cove, expressing concern over the proposed policy change to restrict the number of hens allowed in backyards.

 

Don Murchison of Greenwich, congratulating Council for their stance on amalgamations and the successful outcome. Thanking former staff members Peter Patterson and Abdullah Uddin for their work at Council.  Thanking Councillors for their support on bike matters.  Advocating for shared user pathway access to St Leonards Station.  Also thanking the General Manager for his efforts to improve the safety of the River Road footpath.

 

Francis Vissel of Lane Cove, congratulating Council on the establishment of Pinaroo Park.  Speaking in support of the Azalea garden on Epping Road.  Thanking the Councillors for their support in fighting amalgamations and the successful outcome.

 

John Gilmore of Lane Cove, expressing concern over the proposed policy change regarding the number of chickens allowed in backyards.

 

 

RESUMPTION OF STANDING ORDERS

121

RESOLVED on the motion of Councillors Brooks-Horn and Brent 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 - 17 JULY 2017

122

RESOLVED on the motion of Councillors Gold and Brooks-Horn that that the minutes of the Ordinary Council meeting held on the 17 July 2017 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).

 

Mayoral Minutes

 

Mayoral Minute - Pinaroo Place land acquisition for expansion of the existing park at the corner of Kullah Parade and Mindarie Street, Lane Cove North

123

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

1.       Council proceed with the construction of a new expanded park at the corner of Kullah Parade and Mindarie Street incorporating the six properties in Pinaroo Place;

2.       Council proceed with the construction of a new pocket park at 552 Mowbray Road;

3.       Council as part of the consultation in relation to the design of the two parks also seek name suggestions from the community for both parks;

4.       Council thank the local Member, The Hon. Anthony Roberts MP, for his assistance and support in developing a partnership approach between the NSW Government and Council to deliver the new expanded park; and

5.       Council record a vote of thanks to all Councillors, staff and members of the community who persevered to see the transaction proceed.

 

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

 

Park Design - Pinaroo Place / Kullah Parade

124

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

1.       Council undertake consultation in relation to the designs outlined in the report for the proposed expanded park at Pinaroo Place / Kullah Parade and new pocket park at 552 Mowbray Road;

2.       A further report be submitted to Council following the outcome of the consultation process for the park designs;

3.       Public notification commence to close part of the southern end of Pinaroo Place, namely the existing cul-de-sac, as outlined in AT-4, in accordance with the Memorandum of Understanding dated April 2006 with the NSW Department of Primary Industry-Lands; and

4.       Following public consultation, receive a further report outlining the submissions received with respect to the proposed partial road closure and for determining whether to proceed with an application to NSW Department of Primary Industry-Lands.

 

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).

 

Planning Proposal No 27 - Open Space Rezonings - 10 -20 Pinaroo Place, 1 Girraween Avenue and 552 Mowbray Road

125

RESOLVED on the motion of Councillors Bennison and Gold that Council confirm the authority of the General Manager to:-

1.       Prepare a Planning Proposal to rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density with a height limit of 17.5m and FSR of 1.6:1;

2.       Commence a process to reclassify the public park at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

3.       Rezone 552 Mowbray Road from R4 High Density to RE1 Public Recreation; and

4.       Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”.

 

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).

 

Discontinuance of Council Mergers

126

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

1.       Council receive and note the information; and

2.       Council endorse the General Manager’s decision not to proceed with the poll on the amalgamation proposal.

 

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).

 

Matter Arising

127

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

 1.      Record a vote of thanks, especially to Councillor Bennison as well as Councillors Brent, Karpin, Palmer and Strassberg for their unwavering support of Council’s legal action against the forced amalgamation of Lane Cove with Hunter’s Hill and Ryde Councils; and

2.       Expresses its thanks to the Council staff who remained committed during the tumultuous and uncertain period.

 

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).

 

Epping Road Gardens

128

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

1.       Council receive and note this report;

2.       Council approve the further development of an effective garden bed restoration and maintenance strategy including costs and staffing requirements for the Epping Road Garden beds; and

3.       The Head Petitioner be informed that Council will be developing a restoration and maintenance strategy for the Epping Road Garden beds.

 

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).

 

Procedural Motion

129

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that consideration of ‘Policy Review – Phase 2’  be brought forward and dealt with as the next item.

 

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).

 

 

 


 

 

Policy Review - Phase 2

130

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

1.       Receive and note the information;

2.       Rescind three Policies, the content of which is to be re-made in other guidance documents:

Y01002 Youth Policy Statement

F02003 Application for Grants – to be incorporated into a Management Directive.

S01001 Street Furniture Corporate Style; and

3.       Adopt the reviewed and updated Policies listed and presented alongside their predecessor Policy references in AT-1 to this Report, and listed below:

Keeping Animals Policy, subject to the number of fowls remaining at 14, with no prohibition on ducks and reverting to the State Regulations on this matter for guidance.

Financial Assistance to Community Groups Policy

Purchasing Policy

Sister Cities Policy

Use of Public Pedestrian thoroughfares

Enforcement Policy

Events Management Policy

Contributions to Common Boundary Fences Policy

Sponsorship Policy

Waterfront Structures Policy

Use of Public Spaces by Commercial Fitness Groups and Personal Trainers Policy

Disability Access Policy

Smoke-Free Public Places Policy

Child Protection Policy

Library Policy

 

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).

 

 

Reducing Single Use Plastic Bags in the Community

131

RESOLVED on the motion of Councillors Hutchens and Gold 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).

 


 

 

Financial Assistance Grants -  Additional Funding 2017

132

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

1.       Provide financial assistance to the Lane Cove Theatre Company of $11,963, subject to the conditions listed in this Report;

2.       Provide financial assistance of $1,700 to the Lane Cove Seniors Computer Club; and

3.       Give Public Notice of the proposed Financial Assistance Grants to the Lane Cove Theatre Company and the Lane Cove Seniors Computer Club and, subject to no objections being received, grant the funds to the recommended groups.

 

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).

 

 

DCP Review - Inclusion of Policies

133

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

1.       Receive and note the report; and

2.       Adopt the following proposed changes to Council’s Development Control Plan for public exhibition and undertake community consultation for a period of six (6) weeks in accordance with the consultation strategy outlined in this report, to incorporate the following former policies:-

Reflective Glass in External Walls Policy

Notification of Development Applications Policy

Plumbing Policy

Power Poles Policy

Battleaxe Allotments – Building upon Handle Policy

Rock Faces and Flora Policy

 

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).

 

July 2017 Traffic Committee Meeting

134

RESOLVED on the motion of Councillors Karpin and Brent that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 25 July 2017.

 

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).

 


 

 

Asset Management Framework

135

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

1.       Council adopt the Framework and Methodology detailed in AT-1 and AT-2;

2.       Continue to accept Condition 3 as the Satisfactory Standard for the management of its infrastructure assets; and

3.       Update the Infrastructure Asset Management Plan for inclusion in the Community Strategic Plan to be adopted by 30 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).

 

Annual Financial Statements for 2016/2017 -  Referral for Audit

136

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

1.       In respect to Council's General Purpose Financial Reports the following statement which is shown at AT-1 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2017

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

The attached General Purpose Financial Statements for the year ended 30 June 2017, have been drawn up in accordance with the:-

·      Local Government Act 1993 (as amended) and the Regulations made there under;

·      Australian Accounting Standards and professional pronouncements; and

·      Local Government Code of Accounting Practice and Financial Reporting.  

To the best of our knowledge and belief, this Report:-

·      presents fairly the Council's operating result and financial position for the year; and

·      accords with Council’s accounting and other records.

We are not aware of matter that would render this Report false or misleading in any way;

2.       In respect to Council's Special Purpose Financial Reports, the following statement which is shown at AT-2 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

SPECIAL PURPOSE FINANCIAL STATEMENTS  FOR THE YEAR ENDED 30 JUNE 2017

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

The attached Special Purpose Annual Financial Statements for the year ended 30 June 2017, have been drawn up in accordance with:-

·      NSW Government Policy Statement "Application of National Competition Policy to Local Government";

·      Office of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality"; and

·      The Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, these Reports:-

·      Present fairly the Council's operating result and financial position for each of Council’s declared Business Activities for the year; and

·      Accord with Council’s Accounting and other records.

We are not aware of any matter that is false or misleading in any way; and

3.       Council's Annual Financial Statements for the year ended 30 June 2017 be referred for audit by Council’s external Auditors.

 

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

 

4th Quarter Review of the Delivery Program and Operational Plan

137

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).

 

Council Snapshot

138

RESOLVED on the motion of Councillors Gold and Strassberg 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).

 

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:

 

Mayoral Minute – GENERAL MANAGER’S PERFORMANCE REVIEW FOR 2016/2017

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 and as the report contains personal information about the performance of a staff member.

 

No members of the public made representations.

 

 

CLOSED COMMITTEE

139

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

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 7:56pm.  The public and media left the chamber.

 

Open Council resumed at 8:11pm.  The public and media were invited into the chamber.

 

The Mayor read the recommendations of the Items considered in Closed Committee prior to Council’s consideration:

 

Mayoral Minute - General Manager's Performance Review for 2016/17

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 and as the report contains personal information about the performance of a staff member.

140

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

1.       Endorse the outstanding level of performance achieved by the General Manager, Craig Wrightson in his performance review for 2016/17;

2.       The General Manager’s remuneration for 2017/18 be as determined in Closed Session;

3.       Endorse the General Manager’s Performance Agreement 2017/18; and

4.       Permit the General Manager to make an application and if successful, accept a position on the StateCover, Workers Compensation Insurance Company Board.

 

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 8:14pm.

 

Confirmed at the next Ordinary Council Meeting, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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