Minutes of Ordinary Council - 15 February 2016

Ordinary Council 15 February 2016

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, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Manager – Strategic Planning, Strategic Planner and Manager – Governance.

DECLARATIONS OF INTEREST:

Councillor Bennison declared a non pecuniary conflict of interest that is not significant in relation to the “Tender for the Appointment of a Project Management Consultant for the Rosenthal Avenue Car Park Redevelopment Project” as he has purchased a unit across the street from the site in Birdwood Avenue. He advised he would vacate the chamber and not debate or vote on the item.

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation to the “Tender for the Appointment of a Project Management Consultant for the Rosenthal Avenue Car Park Redevelopment Project” as he a Board Member of the Lane Cove Club located across the street from the site. He advised he would debate and vote on the item.

Councillor Brooks-Horn declared a non pecuniary conflict of interest that is not significant in relation the ‘Lane Cove and North Side Community Services - Financial Assistance Grant’ as he is a Council appointed representative on the Board of Directors for Lane Cove and 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 the ‘Lane Cove and North Side Community Services - Financial Assistance Grant’ as she is a Council appointed representative on the Board of Directors for Lane Cove and North Side Community Services. She advised she would debate and vote on the item.

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Pastor Rick Johnson of the Lane Cove Uniting 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

RESOLVED on the motion of Councillors Cheong and Brooks-Horn that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three (3) minutes.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Don Murchison of Greenwich objecting to the proposed forced amalgamation of Council.

Doug Stuart of Longueville commending Council’s position and consultation with the community in regards to the forced amalgamation of Council and supporting Council’s recommended refusal of the planning proposal for Orion Road.

John Mitchell of St Leonards speaking in relation to the St Leonards South Master Plan and encouraging continued community engagement in relation to this ongoing process.

Michael Doughty of St Leonards speaking in relation to the St Leonards South Master Plan and enquiring as to when the submitted plan will be publicly available.

Frances Vissel of Lane Cove North supporting Council’s position on no forced amalgamations and supporting Council’s report and recommendation to refuse the proposed development at Orion Road.

Richard Wilmot of St Leonards supporting the St Leonards South Master Plan and requesting Council investigate a way to make the slippery dip slide better.

Reg Mui of Lane Cove West Residents Association supporting Council’s position against forced amalgamation and requesting Council monitor the Moore Street gate and ensure it remains closed from 7pm to 9am.

Peter Gardner of St Leonards supporting the St Leonards South Master Plan.

RESUMPTION OF STANDING ORDERS

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

For the Motion were Crs 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 - 7 DECEMBER 2015
3	RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 7 December 2015 be received.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).
4	RESOLVED on the motion of Councillors Gold and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 7 December 2015 be confirmed.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Procedural Motion

RESOLVED on the motion of Councillors Hutchens and Palmer that any Orders of the Day be brought forward and dealt with as the next item.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Orders Of The Day

Councillor Bennison provided an update on correspondence sent out during the Christmas recess regarding the proposed forced amalgamations of Council.

Mayoral Minutes

Response to Fit for the Future Merger Proposal

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

1. Council consider its formal response to Fit for the Future at an Extraordinary Meeting of Council on Monday, 22 February 2016;

2. All documents relating to information sought by Councillor Scott Bennison pursuant to the Government Information (Public Access) Act 2009 be tabled;

3. Council support an appeal application to the NSW Civil & Administrative Tribunal to have the decision by the NSW Premier & Cabinet not to release information sought by Councillor Bennison pursuant to the Government Information (Public Access) Act 2009; and

4. Subject to the receipt of advice that Council is able to financially support the appeal, Council:-

i. Appoint legal representation as and when required; and

ii. Pay the applicable application fees.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Officer Reports for Determination

Create Lane Cove: Cultural Plan

RESOLVED on the motion of Councillors Brent and Karpin that Council adopts the revised Draft Create Lane Cove: A Cultural Plan dated February 2016 as attached at AT-1.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Cr Bennison left the meeting at 7:44pm.

Tender for the Appointment of a Project Management Consultant for the Rosenthal Avenue Car Park Redevelopment Project

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

1. The tender for the provision of external consultant project management services for overall delivery of the Rosenthal Avenue Car Park redevelopment project be awarded to AECOM Australia Pty Ltd for an amount of $973,000 + GST.

2. The General Manager be authorised to enter into a contract with AECOM Australia Pty Ltd.

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

Against the Motion was Nil (Total 0).

Absent was Cr Bennison (Total 1).

Cr Bennison returned to the meeting at 7:45pm.

Procedural Motion

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that “St Leonards South Master Plan – Update” be brought forward and be dealt with as the next item.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

St Leonards South Master Plan - Update
The General Manager addressed the meeting and provided a further status update on the current process being undertaken.
10	RESOLVED on the motion of Councillors Brooks-Horn and Karpin that the report be received and noted.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Procedural Motion
The General Manager addressed the meeting and provided a further status update on this item
11	RESOLVED on the motion of Councillors Strassberg and Palmer that “Acquisition of Land for a Park in Pinaroo Place, Lane Cove North” be brought forward and be dealt with as the next item.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Aquisition of Land for a Park in Pinaroo Place, Lane Cove North

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

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

LEP Planning Proposal 26: 14-20 Orion Road

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

1. Not support the Planning Proposal to rezone 14-20 Orion Road, Lane Cove West from IN2 Light Industrial to B4 Mixed Use, including not changing the current FSR and Height of Building controls for the site; and

2. Write to the applicant informing them of this decision.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Matter Arising
CONSIDERATION OF PLANNING PROPOSALS
14	RESOLVED on the motion of Councillors Bennison and Brooks-Horn that all future Planning Proposals be presented to a Councillor workshop prior to being considered by Council at an Ordinary Council Meeting.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9). Against the Motion was Nil (Total 0).

Hospitals in the R2 Residential Zone

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

1. Prepare a draft DCP amendment that limits the number of beds for a hospital development in the R2 Zone to a maximum of 40 beds and such hospital developments be a minimum of 800 lineal metres apart; and

2. Exhibit this amendment with the current DCP general review.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Lane Cove and North Side Community Services - Financial Assistance Grant

RESOLVED on the motion of Councillors Karpin and Palmer that:

1. Council agrees to the request from Lane Cove and North Side Community Services to enter into a five (5) year funding agreement;

2. A five (5) year Service Agreement be entered into between Council and Lane Cove and North Side Community Services outlining the mutual obligations;

3. An annual program outlining how the funds are to be expended and listing timeframes and accountability outcomes be submitted in February each year and that this program be reviewed as part of the Financial Assistance Grants process;

4. Council gives public notice in accordance with Section 356 of the Local Government Act 1993 that it proposes to provide this financial assistance. A further report on providing the five (5) year funding agreement only be submitted if there is adverse comment arising from the public notice; and

5. The 10 year lease of the community space within the Little Lane Development to Lane Cove and North Side Community Services, provide two (2) additional five (5) year option periods including an essential term that after the exercise of each option period, an annual breakdown of the gross income be separated into services provided under the terms of the lease to the suburbs of the Lane Cove LGA (core services) and services to areas outside of the Lane Cove LGA and commercial services (non-core services) and that an apportionment of market rent be applied to the non-core services.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Lane Cove Traffic Committee - January 2016

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

1. Adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 19 January 2016 subject to the first point under Item 2 in General Business not being accepted; and

2. Make representations to the NSW Police in relation to this point and request that access through the road closure to residents be allowed with appropriate proof of address at all times.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Proposal to Renew Alcohol Free Zones and Alcohol Prohibited Areas for New Years Eve in the Lane Cove LGA

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

1. Pursuant to Section 632A and Section 644 of the Local Government Act, 1993 the proposal to declare the existing areas listed in the report as Alcohol Free Zones and Alcohol Prohibited Areas be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report; and

2. A further report be submitted to Council following the exhibition period to consider the results of the community consultation.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

2nd Quarter Review of the 2015-2016 Budget

RESOLVED on the motion of Councillors Karpin and Gold that the 2015 – 2016 Budget be varied as follows:-

	Original Budget	30.09.2014 Quarter 1 Revised Budget	31.12.2014 Quarter 2 Adjustments	31.12.2014 Quarter 2 Revised Budget
Expenditure	$38,929	$261	$193	$39,383
Income	$50,175	$272	$204	$50,651
Surplus/ (Deficit)	$11,246	$11	$11	$11,268
Surplus/(Deficit) before Capital Grants / Contributions	$389	$400	$11	$411

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Officer Reports for Information

2nd Quarter Review of the 2015-16 Delivery Program and Operational Plan

RESOLVED on the motion of Councillors Gold and Brent that the 2^nd Quarter Review of the 2015-16 Delivery Program and Operational Plan be received and noted.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Council Snapshot

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

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Towards New Local Government Legislation: Proposed Phase 1 Amendments

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council make a submission on the ‘Towards New Local Government Legislation. Explanatory Paper: Proposed Phase 1 Amendments’ based on the comments included in this report.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Adjournment

RESOLVED on the motion of Councillors Hutchens and Brooks-Horn that the meeting be adjourned for five (5) minutes.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Cheong (Total 9).

Against the Motion was Nil (Total 0).

Crs Cheong and Brooks-Horn left the meeting at 8:40pm

Resumption

RESOLVED on the motion of Councillors Hutchens and Gold that the Council Meeting resume.

For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Strassberg (Total 7).

Against the Motion was Nil (Total 0).

Absent were Crs Brooks-Horn and Cheong (Total 2).

Matter Arising
ADDITIONAL LEGISLATIVE REFORM INCLUSIONS
25	RESOLVED on the motion of Councillors Bennison and Palmer that Council:- 1. Write to the Minister for Local Government and request that he consider in his next phase of reforms including in the legislation the recommendations from the Legislative Council Inquiry ‘Local Government in New South Wales (Final Report)’ dated 29 October 2015; and 2. Considers at a future workshop requesting the adoption of mandatory Independent Hearing and Assessment Panels in the Local Government Act reforms in relation, the determination of development applications.
	For the Motion were Crs Gold, Hutchens, Karpin, Palmer, Bennison, Brent and Strassberg (Total 7). Against the Motion was Nil (Total 0). Absent were Crs Brooks-Horn and Cheong (Total 2).

CLOSE

The meeting closed at 8:45pm.

Confirmed at the Ordinary Council Meeting of Monday 21 March 2016, at which meeting the signature herein is subscribed.

MAYOR

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