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Minutes

Ordinary Council Meeting

16 April 2018, 6:34pm

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 16 April 2018

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, Councillor K. Morris, Councillor D. Strassberg, Councillor F. Vissel and Councillor A. Zbik.

 

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 and Manager – Governance.

 

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:

 

Tender for Bus Shelters - Design, Construct, Maintain and Advertising Rights

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) (d) 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; AND 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

37

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; 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 Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 6:34pm.  The public and media left the chamber.

 

Open Council resumed at 6:45pm.  The public and media were invited into the chamber.

 

Suspension of Standing Orders

38

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Standing Orders be suspended until 7pm.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Resumption of Standing Orders

39

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be resumed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Councillor Vissel left the meeting at 7:00pm

 

APOLOGIES 

Apologies were received on behalf of Councillor Hutchens.

40

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

 

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

Against the Motion was Nil (Total 0).

 

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.

 

Councillor Vissel returned to the meeting at 7:04pm.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Stephen Pym of Greenwich .

 

SUSPENSION OF STANDING ORDERS

41

RESOLVED on the motion of Councillors Bennison 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 Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).


PUBLIC FORUM

 

Ruth Neumann of Lane Cove, commending Council on the inclusion of the Lane Cove North and Mowbray Precinct Traffic Review in the Agenda, opposing the option of allowing left turn access from Centennial Avenue into Landers Road and highlighting the danger of the right turn from Karilla Avenue into Centennial Avenue.

 

Charles Verge of Lane Cove, on behalf of the Lane Cove North Residents Association, commending Council on the inclusion of the Lane Cove North and Mowbray Precinct Traffic Review in the Agenda and requesting that the partial closure of Karilla Avenue at Centennial Avenue be referred to the next Traffic Committee for formal consideration.

 

Stephen Bowers of Greenwich requesting that the Traffic Committee Item Y8 in relation to parking adjacent to St Giles Church be deferred to the next Council Meeting.

 

Maria Baker and Anthony Nolan of Lane Cove highlighting several areas within the Lane Cove Local Government Area requiring minor works  / improvements.

 

Anthony Nolan of Lane Cove expressing concerns in relation to the 265 bus service including the potential suspension of the service due to the impact of overhanging trees in wet weather.

 

David Roenfeldt of Lane Cove thanking Council for supporting the implementation of the Refugee Welcome Zone and expressing concern in relation to a recent survey undertaken by Pathways in relation to Northwood Planning Proposal.

 

Dr Helen Prifti of Lane Cove expressing concerns in relation to the recent implementation of clearways at Burns Bay Road and Centennial Avenue.

 

Paul Clarke of Lane Cove enquiring as to when a meeting with the State Government will be held in relation to the clearways imposed at Burns Bay Road and Centennial Avenue.

 

Trish Sara of Lane Cove enquiring as to the status of a petition submitted at the Ordinary Council Meeting of 19 February 2018 in relation to the installation of safety gates at Pottery Green Oval.

 

Gillian Rabong of Greenwich enquiring as to the property acquisition activity of developers in  St Leonards South prior to the approval of the Planning Proposal for the area.

 

Doug Stuart of Longueville commenting on the New Medium Density Housing Code and requesting any new playing fields not encroach on existing bushland.

 

Merri Southwood of Greenwich, on behalf of the Greenwich Community Association, requesting Council become more engaged in relation to the future planning of the St Leonards South / Crows Nest Precinct and requesting Council extend the notification period in relation to the development of Greenwich Primary School until after the school holiday period.

 

RESUMPTION OF STANDING ORDERS

42

RESOLVED on the motion of Councillors Brooks-Horn and Vissel that Standing Orders be resumed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).


 

Confidential Items

 

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

 

Tender for Bus Shelters - Design, Construct, Maintain and Advertising Rights

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) (d) 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; AND 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.

43

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

1.    Council delegate to the General Manager the authority to:-

(a)    Enter into negotiations and finalise the commercial terms with the preferred tenderer for the Bus Shelter – Design, Construct, Maintain and Advertising Rights, as discussed in Closed Session;

(b)    Approve amendments to the contract documents that are not of a material nature; and

2.    Subject to contracts being executed, Council advise all tender respondents of Council’s decision.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 MARCH 2018

44

RESOLVED on the motion of Councillors Brooks-Horn and Zbik that the minutes of the Ordinary Council meeting held on the 19 March 2018 be received.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

 

 

 

 

 

 

45

RESOLVED on the motion of Councillors Vissel and Brent that the minutes of the Ordinary Council meeting held on the 19 March 2018 be confirmed subject to the following amendments:

·         The correction of Ron Gedeon’s name as recorded in the Public Forum;

·         Minute No. 29 (1) be amended to read “Determine that the material public benefit included in the development estimated at $45,000,000 is full satisfaction of contributions otherwise required by Conditions 9 of the Development Consent; and”

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Councillor Bennison advised Council he is in receipt of correspondence received from Mr John Southwood retracting his allegations of inappropriate conduct by Councillors and staff.

 

Notices of Motion

 

Clearways - Burns Bay Rd & Centennial Avenue

46

RESOLVED on the motion of Councillors Zbik and Vissel that Council:-

 

1.  Raise the following items with the NSW Minister for Roads The Hon. Melinda Pavey MP and RMS:-

a.    That data for traffic flow per lane per hour does not warrant the imposed hours of operation of clearways on Centennial Avenue and Burns Bay Road;

b.    Seek an explanation why all day weekend clearways have been imposed on Burns Bay Rd and Centennial Avenue given other main arterial roads such as Pacific Highway between St Leonards to Gordon have not had the same weekend clearway hours of operation imposed;

c.    Seek consideration to operate a clearway northbound in the morning AM peak only along Centennial Avenue between Penrose Street and Epping Road;

d.    Seek consideration to operate a clearway southbound in the afternoon PM peak only along Centennial Avenue between Penrose Street and Epping Road;

e.    Seek consideration to remove the operation of clearways in both directions on weekends along Centennial Avenue between Penrose Street and Epping Road;

f.     Seek consideration to remove the operation of clearways along Burns Bay Road between Fig Tree Bridge and Penrose Street between 10am and 3pm on weekdays; and

g.    Seek consideration to reduce the all day operation of clearways along Burns Bay Road between Fig Tree Bridge and Penrose Street on weekends;

2.  Investigate the feasibility of installing right turn traffic signals in both northbound and southbound directions for the traffic lights at the Fig Tree Avenue / Barwon Road / Centennial Avenue intersection and report back to Council;

3. Request from RMS data from the speed camera on Centennial Avenue for the years 2016 to present;

4. Request from RMS data from the traffic counts gathered post the implementation of the clearways; and

5. Request an update from RMS about the proposed left turn slip lane from Centennial Avenue to Epping Road.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Lane Cove North and Mowbray Precinct Traffic Review

 

MOTION

A Motion was moved by Councillors Brent and Strassberg that Council:-

1.   Investigate the above issues raised by residents and any other matters deemed appropriate for the area;

2.   Commence a holistic traffic study for the Lane Cove North / Mowbray Precinct; and

3.   Keep the residents and community stakeholders informed of its findings.

 

Amendment

An Amendment was moved by Councillors Vissel and Zbik that:-

1.   Council investigate the above issues raised by residents and any other matters deemed appropriate for the area;

2.   Council commence a holistic traffic study for the Lane Cove North / Mowbray Precinct;

3.   Council keep the residents and community stakeholders informed of its findings; and

4.   Landers Road not become accessible from Centennial Avenue.

 

Upon being put to the meeting the Amendment was lost.                             

 

For the Motion was Councillor Vissel (Total 1).

Against the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Zbik and Morris (Total 7).

47

Upon being to the meeting the Motion was declared carried.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Zbik and Morris (Total 7).

Against the Motion was Councillor Vissel (Total 1).


 

 

Market Square Car Park Operating Hours and Plaza Access

48

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

1.  The General Manager write to SCA Property Group requesting that they agree to amend the management agreement for the Lane Cove Market Square Managing Agents to include an essential term requiring the Centre’s Managing Agents representative(s) to ensure that the public have access to and from Lane Cove Plaza and to all car parking levels of the Market Square Car Park regardless of whether Woolworths is trading; and

2.  Write to Colliers International and seek written confirmation of their understanding of the agreement, noting also that ANZAC day this year is on Wednesday 25 April and that Council expects the access to be open.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Matter Arising

BUILDING MAINTENANCE ISSUES AT MARKET SQUARE

49

RESOLVED on the motion of Councillors Brent and Brooks-Horn noting that Council staff have on a number of occasions requested increased maintenance of the Market Square building, its toilets, public spaces and lifts, the General Manager write to SCA Property Group and Colliers International, requesting their urgent attention to improving the maintenance to deliver the standards our community expects and ensure compliance with safety and WH&S requirements.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

New Medium Density Housing Code and Low Rise Medium Density Design Guide

50

RESOLVED on the motion of Councillors Zbik and Vissel that:-

1.    The report be received, noted and the General Manager monitor and review the new Low Rise Medium Density Housing Code and the Low Rise Medium Density Design Guide to identify any unintended or unexpected consequences and report back to Council after 12 months;

2.    Council staff investigate and submit a report to the next Council meeting on the:-

a)    Inclusion of the current DCP minimum lot size of 750m2 in the Lane Cove LEP; and

b)    The removal of multi dwelling housings within the permitted uses for low density residential (R2) zones within the Lane Cove LEP; and

 

3.      Council write to the Minister for Planning The Hon. Anthony Roberts MP and Department of Planning asking that Lane Cove be exempt from the provisions in the Medium Density Housing Code that permits multi-dwelling houses (terraces) and manor homes for low density residential (R2) zones as this is not in line with the current LEP or character of Lane Cove; and

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Review of Affordable Housing - 150 Epping Road, Lane Cove West

51

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

1.   Receive and note the information;

2.   Adopt the revised eligibility for allocation of the affordable rental properties:-

a)    Applicant/s must establish their identity and have Australian citizenship or permanent residency and be 18 years of age or older;

b)    Applicant/s or household members must have a demonstrated connection with and reason to live in the Lane Cove area on account of the location of their employment, links to service organisations supporting the Lane Cove area, carer responsibilities or such other circumstances that Council accepts;

c)    Applicant/s do not have assets which they could be reasonably expected to use to solve their housing requirements;

d)    The household income levels are consistent with the Moderate Income limits for the Sydney Region under the NSW Affordable Housing Ministerial Guidelines (as reviewed annually); and

e)    The applicant/s must be in paid employment and able to sustain a successful tenancy independently; and

3.   The following strategies are adopted in relation to the management of Affordable / Key Worker Housing:-

a)    Rents are to be set at a discount to market rent of not less than 20 per cent, adjusted to market trends;

b)    The initial tenure for a lease shall be for two (2) years, with a probation period of six (6) months, reviewed annually with a final and maximum tenure of an additional two (2) years;

c)    A review of the eligibility of the tenant/s will be conducted every 12 months;

d)    If the annual review determines that the tenant no longer meets all the eligibility criteria the tenant will be given notice to vacate for the period required by residential tenancy legislation;

e)    At the time of the annual reviews, existing tenants household incomes may be up to 10% above the Moderate Income limits for the Sydney Region under the NSW Affordable Housing Ministerial Guidelines;

f)     Vacancies will be direct marketed, including to local organisations; and

g)    The number of persons allocated to each property shall not breach moderate overcrowding as set out in the Department of Family and Community Services Guidelines.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Waiting Times Lane Cove Bus Interchange 2018

52

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

1.    The report be received and noted;

2.    Council write to the State Minister for Transport and Infrastructure, The Hon. Andrew Constance MP and the Local Member, The Hon. Anthony Roberts MP, seeking a guarantee that with the closure of the Epping to Chatswood railway line, additional services will be provided to ensure the new current levels of service including waiting times, are maintained.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Matter Arising

PROPOSED CHANGES TO THE CHATSWOOD TO EPPING RAILWAY LINE

53

RESOLVED on the motion of Councillors Zbik and Vissel that Council request a meeting with Transport for NSW to:-

1.    Receive a briefing at an upcoming workshop on what actions are being taken to ease congestion on local roads and reduce impact on bus travel times and services in the LGA during the period the Chatswood to Epping railway line is not operating and being retrofitted for Metro rail operation; and

2.    Lobby for maintaining service standards following the completion of the Chatswood to Epping railway/metro line, given the anticipated increase in completed home dwellings  and population after mid 2019. 

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Sustainability Small Grants - Round 15

54

RESOLVED on the motion of Councillors Bennison and Strassberg that the matter be deferred to allow further discussion and review of the criteria for sustainability initiatives at an upcoming Councillor workshop.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Draft Community Strategic Plan 2035, 2018/2019 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

55

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

1.   Council adopt for the purpose of public exhibition, the Draft Community Strategic Plan, Liveable Lane Cove 2035 (with minor typographical corrections), the 2018-2019 Draft Budget and Draft Fees and Charges and the Draft  Delivery Program (Incorporating Operational Plan) 2018-21;

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 Draft Community Strategic Plan, Liveable Lane Cove 2035, the 2018-2019 Draft Budget and Draft Fees and Charges and the Draft Delivery Program (Incorporating Operational Plan) 2018-21, together with a report on any submissions received, be considered at the Council meeting to be held 18 June 2018.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Matter Arising

2018/2019 Draft Budget

56

RESOLVED on the motion of Councillors Bennison and Palmer that Council congratulate the General Manager and staff on a surplus budget and impressive capital works program.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

March 2018 Traffic Committee Meeting

57

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

1.    Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 March 2018, with the exception of Item Y8;

2.    Residents within 50m of Item Y8 be advised providing two weeks’ notice of the intended changes to parking arrangements and subject to no objections being received the change be implemented and alternatively referred to Council if objections are received; and

3.    In the future, residents affected by a proposed change to parking restrictions be notified of the change prior to the item being referred to the Traffic Committee for consideration.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

 

 

Officer Reports for Information

 

Street Libraries in Lane Cove

58

RESOLVED on the motion of Councillors Vissel and Zbik that the report be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

NSROC Regional Sportsground Strategy

59

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

1.    Receive the report; and

2.    Adopt the NSROC Sportsground Strategy Review report dated December 2017, shown attached as AT-1

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Council Snapshot

60

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 9:02pm.

 

Confirmed at the Ordinary Council Meeting of Monday, 21 May 2018, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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