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Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level...

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Council Meeting AGENDA NO. 3/16 Meeting Date: Tuesday 22 March 2016 Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded on audio tape for minute-taking purposes as authorised by the Local Government Act 1993. Council Meetings will also be webcast. NOTICE OF BUSINESS Item Page COUNCIL REPORTS 1 CONFIRMATION OF MINUTES - Council Meeting held on 23 February 2016 ................................................................................................................. 1 2 REPORT OF THE PLANNING AND ENVIRONMENT COMMITTEE MEETING 2/16 held on 8 March 2016 ........................................................... 35 3 REPORT OF THE RYDE CIVIC HUB COMMITTEE MEETING 2/16 held on 8 March 2016..................................................................................... 46 4 REPORT OF THE WORKS AND COMMUNITY COMMITTEE MEETING 2/16 held on 15 March 2016 ......................................................... 50 5 REPORT OF THE FINANCE AND GOVERNANCE COMMITTEE MEETING 2/16 held on 15 March 2016 ......................................................... 51 NOTICES OF MOTION 1 STEPS AT SOUTHERN END OF PATHWAY BETWEEN EPPING ROAD AND MAWARRA CRESCENT, MARSFIELD - Councillor Terry Perram ........................................................................................................... 52 2 ROAD SAFETY - Deputy Mayor, Councillor Roy Maggio............................... 52
Transcript
Page 1: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Meeting AGENDA NO. 3/16

Meeting Date: Tuesday 22 March 2016 Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm

Council Meetings will be recorded on audio tape for minute-taking purposes as authorised by the Local Government Act 1993. Council Meetings will also be webcast.

NOTICE OF BUSINESS

Item Page

COUNCIL REPORTS

1 CONFIRMATION OF MINUTES - Council Meeting held on 23 February 2016 ................................................................................................................. 1

2 REPORT OF THE PLANNING AND ENVIRONMENT COMMITTEE

MEETING 2/16 held on 8 March 2016 ........................................................... 35 3 REPORT OF THE RYDE CIVIC HUB COMMITTEE MEETING 2/16

held on 8 March 2016 ..................................................................................... 46 4 REPORT OF THE WORKS AND COMMUNITY COMMITTEE

MEETING 2/16 held on 15 March 2016 ......................................................... 50 5 REPORT OF THE FINANCE AND GOVERNANCE COMMITTEE

MEETING 2/16 held on 15 March 2016 ......................................................... 51

NOTICES OF MOTION

1 STEPS AT SOUTHERN END OF PATHWAY BETWEEN EPPING ROAD AND MAWARRA CRESCENT, MARSFIELD - Councillor Terry Perram ........................................................................................................... 52

2 ROAD SAFETY - Deputy Mayor, Councillor Roy Maggio ............................... 52

Page 2: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

1 CONFIRMATION OF MINUTES - Council Meeting held on 23 February 2016

Report prepared by: Senior Coordinator - Governance File No.: CLM/16/1/1/2 - BP16/189

REPORT SUMMARY In accordance with Council’s Code of Meeting Practice, a motion or discussion with respect to such minutes shall not be in order except with regard to their accuracy as a true record of the proceedings.

RECOMMENDATION: That the Minutes of the Council Meeting 2/16, held on 23 February 2016 be confirmed.

ATTACHMENTS 1 MINUTES - Ordinary Council Meeting - 23 February 2016

Page 3: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 2

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Council Meeting MINUTES OF MEETING NO. 2/16

Meeting Date: Tuesday 23 February 2016 Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.05pm Councillors Present: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM. Note: Councillor Simon arrived at the meeting at 7.10pm during Disclosures of

Interest. Note: Councillor Salvestro-Martin arrived at the meeting at 7.55pm during Public

Participation on Items Not Listed on the Agenda. He was not present for consideration or voting on Leave of Absence and Public Participation on Items Listed on the Agenda.

Note: Councillor Maggio left the meeting at 11.52pm and did not return. He was not

present for voting on Mayoral Minute 3/16. Note: Councillor Li left at 11.57pm and did not return. Apologies: Nil. Staff Present: General Manager, Acting Chief Operating Officer, Acting Director – Corporate and Community Services, Acting Director – City Strategy and Planning, Director – City Works and Infrastructure, General Counsel, Acting Chief Financial Officer, Manager – Audit, Risk and Governance, Manager – Strategic Human Resources, Manager – Asset Systems, Acting Manager – Communications, Customer Service and Events, Senior Coordinator – Traffic, Transport and Development, Senior Development Engineer, Digital Communications Coordinator, Senior Coordinator – Governance and Governance, Risk and Audit Coordinator. PRAYER Pastor Stephen Cooper of the Eastwood Baptist Church was present and offered prayer prior to the commencement of the meeting. DISCLOSURES OF INTEREST Councillor Li disclosed a Significant Non-Pecuniary Interest in Notice of Motion 3 – Australian Asian Association of Bennelong – Harmony Soccer Tournament, for the reason that he is on the Committee of the Australian Asian Association of Bennelong.

Page 4: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 3

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Councillor Etmekdjian disclosed a Less than Significant Non-Pecuniary Interest in Item 5(6) – 21 Winbourne Street, West Ryde, for the reason that he knows the applicants father through the community. Councillor Pendleton disclosed a Less than Significant Non-Pecuniary Interest in Item 4 – Report of the Ryde Civic Hub Committee Meeting 1/16 held on 9 February 2016, for the reason that her opposition to the redevelopment of the Civic Centre public land with the inclusion of high-rise residential development is consistent with her core commitment made to the electorate at the 2012 elections. Councillor Simon disclosed a Less than Significant Non-Pecuniary Interest in Item 3(3) – 87 Bowden Street and 2 MacPherson Street, Ryde, for the reason that he plays soccer with one of the objectors. Councillor Simon disclosed a Less than Significant Non-Pecuniary Interest in Notice of Motion 4 – Western Sydney Wanderers Football Club Pty Ltd Schools Cup Tournament, for the reason that he is a member of the Western Sydney Wanderers Club. LEAVE OF ABSENCE Councillor Perram requested a Leave of Absence for the period 5 March 2016 to 12 March 2016 inclusive. Note: Councillor Salvestro-Martin was not present for consideration or voting on

this Item. RESOLUTION: (Moved by Councillors Maggio and Pendleton) That Councillor Perram’s Leave of Absence for period 5 March 2016 to 12 March 2016 inclusive be approved. Record of Voting: For the Motion: Unanimous TABLING OF PETITIONS The Mayor, Councillor Laxale tabled a petition containing approximately 50 signatures in relation to proposed changes to parking in Winbourne Street, West Ryde. Councillor Chung tabled a petition containing approximately 400 signatures in relation to saving 87 Bowden Street, West Ryde from demolition.

Page 5: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 4

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

PUBLIC PARTICIPATION ON ITEMS LISTED ON THE AGENDA The following persons addressed the Council:-

Name Topic

Phillip Ward (representing Ryde Hunters Hill Flora and Fauna Preservation Society)

MM1/16 – 50th Anniversary of Ryde Hunters Hill Flora and Fauna Preservation Society

Justyn Ng MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Alan Holroyd MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Kevin Shaw (representing Ryde District Historical Society)

MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Suellen Hazell MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Louise Haynes MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Derek Styles MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Doriana Donnelly MM2/16 – Urgent Review of Items of Local Heritage Significance Not Listed Under the Ryde Local Environmental Plan

Danny Yap (representing Harmony Soccer Competition / Australian Asian Association of Bennelong

Notice of Motion 3 – Australian Asian Association of Bennelong – Harmony Soccer Tournament

Lindsay Donald (representing West Ryde Rovers Football Club)

Notice of Motion 4 – Western Sydney Wanderers Football Club Pty Ltd Schools Cup Tournament 2016

Scott Bennison Notice of Rescission 1 – NSW Government Merger Proposal – Hunter’s Hill, Lane Cove and City of Ryde Councils

Note: Jennie Minifie (representing Ryde Community Alliance) was called to address

Council, however was not present in the Chamber.

Page 6: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 5

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

PUBLIC PARTICIPATION ON ITEMS LISTED ON THE AGENDA Note: Councillor Salvestro-Martin was not present for consideration or voting on

this Item. RESOLUTION: (Moved by Councillors Chung and Pendleton) That the speakers who submitted a Request to Address Council on Item 3(3) – 87 Bowden Street and 2 MacPherson Street, Ryde from the Planning and Environment Committee Meeting 1/16 held on 9 February 2016 and Item 5(6) – 21 Winbourne Street, West Ryde from the report of the Works and Community Committee Meeting 1/16 held on 16 February 2016, be allowed to address the meeting, the time being 7.43pm. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Perram, Simon and Yedelian OAM Against the Motion: Councillors Pickering and Stott PUBLIC PARTICIPATION ON ITEMS LISTED ON THE AGENDA The following persons addressed the Council:-

Name Topic

Marlicia Travis (representing Marsden High School Parents and Citizens Association)

Item 5(6) – 21 Winbourne Street, West Ryde

Note: Maia Di Costanzo and Michael Di Costanzo were called to address Council,

however were not present in the Chamber. PUBLIC PARTICIPATION ON ITEMS NOT LISTED ON THE AGENDA Note: Councillor Salvestro-Martin arrived at 7.55pm, during Public Participation on

Items not listed on the Agenda. The following persons addressed the Council:-

Name Topic

Jason Wraxall (representing Ermington Public School Parents and Citizens Association)

Suggested Childcare Planning Controls to balance Child Safety, amenity and demand for growth in Ryde

Paul Grundy (representing Ermington Public School Parents and Citizens Association)

Pedestrian Safety

Page 7: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 6

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Name Topic

Christine Mueller (representing Ermington Public School Parents and Citizens Association)

The requirement of Councillors to declare interest and where this has not happened

ORDER OF BUSINESS RESOLUTION: (Moved by Councillors Pendleton and Yedelian OAM) That Council now consider the following Items, the time being 8.00pm: - Mayoral Minute 1/16 – 50th Anniversary of Ryde Hunters Hill Flora and Fauna

Preservation Society. - Mayoral Minute 2/16 – Urgent Review of Items of Local Heritage Significance Not

Listed Under the Ryde Local Environmental Plan. - Notice of Motion 3 – Australian Asian Association of Bennelong – Harmony

Soccer Tournament. - Notice of Motion 4 – Western Sydney Wanderers Football Club Pty Ltd Schools

Cup Tournament 2016. - Notice of Rescission 1 – NSW Government Merger Proposal – Hunter’s Hill, Lane

Cove and City of Ryde Councils. - Notice of Motion 1 - NSW Government Merger Proposal – Hunter’s Hill, Lane

Cove and City of Ryde Councils. - Item 5(6) – 21 Winbourne Street, West Ryde (from the Report of the Works and

Community Committee Meeting 1/16 held on 16 February 2016). Record of Voting: For the Motion: Unanimous MAYORAL MINUTES 1/16 50TH ANNIVERSARY OF RYDE HUNTERS HILL FLORA AND FAUNA

PRESERVATION SOCIETY - The Mayor, Councillor Jerome Laxale

Note: Phillip Ward (representing Ryde Hunters Hill Flora and Fauna Preservation Society) addressed the meeting in relation to this Item.

RESOLUTION: (Moved by The Mayor, Councillor Laxale and Councillor Yedelian OAM) (a) That the work of the Ryde Hunters Hill Flora and Fauna Preservation

Society be noted. (b) That standing orders be suspended to allow the Mayor to present the

Ryde Hunters Hill Flora and Fauna Preservation Society representative with a certificate of appreciation.

Page 8: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Record of Voting: For the Motion: Unanimous Note: Standing Orders were then Suspended to allow the Mayor to present

the Ryde Hunters Hill Flora and Fauna Preservation Society representative with a Certificate of Appreciation.

PRESENTATION OF CERTIFICATE OF APPRECIATION TO RYDE HUNTERS HILL FLORA AND FAUNA PRESERVATION SOCIETY The Mayor, Councillor Laxale presented Phillip Ward and Cathy Merchant, representatives from the Ryde Hunters Hill Flora and Fauna Preservation Society with a Certificate of Appreciation in recognition of the 50th Anniversary of Ryde Hunters Hill Flora and Fauna Preservation Society. RESUMPTION OF STANDING ORDERS Note: Councillor Perram left the meeting at 8.03pm and was not present for

consideration or voting on this Item. RESOLUTION: (Moved by Councillors Yedelian OAM and Stott) That Council resume Standing Orders, time being 8.04pm Record of Voting: For the Motion: Unanimous Note: Councillor Perram returned the meeting at 8.05pm. MAYORAL MINUTES 2/16 URGENT REVIEW OF ITEMS OF LOCAL HERITAGE SIGNIFICANCE NOT

LISTED UNDER THE RYDE LOCAL ENVIRONMENTAL PLAN - The Mayor, Councillor Jerome Laxale

Note: Justin Ng, Alan Holroyd, Kevin Shaw (representing Ryde District Historical Society), Suellen Hazell, Louise Haynes, Derek Styles and Doriana Donnelly addressed the meeting in relation to this Item.

Note: A document regarding the City of Ryde 2010 Heritage Study /

Properties of Significance was tabled in relation to this Item and a copy is ON FILE.

Page 9: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Note: Correspondence from Planning Ingenuity Pty Ltd dated 22 June 2015

was tabled by Justin Ng in relation to this Item and a copy is ON FILE. Note: A petition containing approximately 400 signatures was tabled by

Councillor Chung in relation to this Item and a copy is ON FILE. MOTION: (Moved by The Mayor, Councillor Laxale and Councillor Simon) (a) That Council reverse its 2010 resolution that prevents consideration of

previously identified properties for listing and also requires owners consent prior to the listing of any heritage item, and directs/delegates to the General Manager to take immediate action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank and resolve to list the property as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014.

(b) That Council as part of its obligations to protect and conserve the heritage of this City review the properties identified in the 2010 Heritage Study that have heritage significance and all related heritage policies and procedures that have been adopted since that time.

(c) That the General Manager prepare a report to Council before August

2016 that investigates the heritage significance of the properties identified in the 2010 Heritage Study and recommends the listing of heritage items within Ryde Local Environmental Plan 2014.

AMENDMENT: (Moved by Councillors Chung and Salvestro-Martin) (a) That Council delegate authority to the General Manager to take all

necessary action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank.

(b) That Council resolve to list the property at 87 Bowden Street, Meadowbank as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014.

(c) That Council as part of its obligations to protect and conserve the heritage of this City review the properties identified in the 2010 Heritage Study that have heritage significance, inclusive of a review of its previous 2010 resolution that prevents consideration of previously identified properties for listing, requires owners consent prior to the listing of any heritage item and reviews all related heritage policies and procedures that have been adopted since that time.

(d) That the General Manager prepare a workshop to Council before

August 2016 that investigates the heritage significance of the properties identified in the 2010 Heritage Study and recommends the listing of heritage items within Ryde Local Environmental Plan 2014.

Page 10: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

RESOLUTION: (Moved by Councillors Maggio and Stott) That Council Suspend Standing Orders and defer consideration of this Item until the end of the meeting in Confidential Closed Session. Record of Voting: For the Motion: Councillors Etmekdjian, Li, Maggio, Perram, Pickering, Salvestro-Martin and Stott Against the Motion: The Mayor, Councillor Laxale and Councillors Chung, Pendleton, Simon and Yedelian OAM

NOTICES OF MOTION 3 AUSTRALIAN ASIAN ASSOCIATION OF BENNELONG – HARMONY

SOCCER TOURNAMENT - Councillor Roy Maggio

Note: Danny Yap (representing Harmony Soccer Competition / Australian Asian Association of Bennelong) addressed the meeting in relation to this Item.

Note: Councillor Li disclosed a Significant Non-Pecuniary Interest in this Item,

for the reason that he is on the Committee of the Australian Asian Association of Bennelong. He left the meeting at 9.14pm and was not present for the consideration and voting on this Item.

RESOLUTION: (Moved by Councillors Maggio and Pickering) (a) That Council waive the $131.00 ground hire fee and bond of $244.00 for

the Australian Asian Association of Bennelong for the use of Eastwood Oval on Saturday, 12 March 2016 in support of the Harmony Soccer Tournament during which a team representing the City of Ryde will be competing.

(b) That the Australian Asian Association of Bennelong be informed in writing, of the Council’s goodwill to waive the fee in support of this wonderful event.

(c) That the City of Ryde promotes the event and the Council’s team

involvement through all media channels.

Record of Voting: For the Motion: Unanimous

Note: Councillor Li returned the meeting at 9.16pm.

Page 11: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

4 WESTERN SYDNEY WANDERERS FOOTBALL CLUB PTY LTD SCHOOLS

CUP TOURNAMENT 2016 - Councillor Roy Maggio

Note: Lindsay Donald (representing West Ryde Rovers Football Club) addressed the meeting in relation to this Item.

Note: Councillor Simon disclosed a Less than Significant Non-Pecuniary

Interest in this Item, for the reason that he is a member of the Western Sydney Wanderers Club.

RESOLUTION: (Moved by Councillors Maggio and Etmekdjian) (a) That City of Ryde waive the $1,048.00 ground hire fee for Meadowbank

Park (as a one off) for the Western Sydney Wanderers Football Club Pty Ltd Schools Cup tournament 2016 being supported and hosted by West Ryde Rovers Football Club.

(b) That City of Ryde engages with Western Sydney Wanderers Football Club Pty Ltd Commercial Manager to develop strategic partnership and agreed terms for the future annual competitions in the Local Government Area.

(c) That the City of Ryde initiate and work in conjunction as a partner with

Western Sydney Wanderers Football Club Pty Ltd, West Ryde Rovers Football Club, Gladesville Hornsby Football Association and North West Sydney Women’s Football Association on all promotional material to assist in promoting the event to all primary and secondary schools in the Local Government Area.

(d) That the event be promoted on all City of Ryde media networks. Record of Voting: For the Motion: Unanimous

NOTICE OF RESCISSION 1 NOTICE OF RESCISSION: NSW GOVERNMENT MERGER PROPOSAL -

HUNTER'S HILL, LANE COVE AND CITY OF RYDE COUNCILS - Councillor Bill Pickering, Councillor Jane Stott, Councillor Craig Chung

Note: Scott Bennison addressed the meeting in relation to this Item. RESOLUTION: (Moved by Councillors Pickering and Chung) That Council rescind the previous resolution in relation to Item 1 Part (b) – NSW GOVERNMENT MERGER PROPOSAL – HUNTER’S HILL, LANE COVE AND CITY OF RYDE COUNCILS, passed at the Extraordinary Council Meeting held on 27 January 2016, namely:-

Page 12: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

1 NSW GOVERNMENT MERGER PROPOSAL – HUNTER’S HILL, LANE

COVE AND CITY OF RYDE COUNCILS (b) That should the City of Ryde be forcibly amalgamated, City of Ryde’s

preference is for a 15 member Council of 3 Wards, represented by 5 Councillors in each Ward. This 15 member Council will elect a Mayor from the Councillors elected, as exists currently with City of Ryde and Lane Cove Councils at present;

On being put to the Meeting, the voting on the Motion was seven (7) votes For and five (5) votes Against. The Motion was CARRIED. Record of Voting: For the Motion: Councillors Chung, Etmekdjian, Maggio, Pickering, Salvestro-Martin, Stott and Yedelian OAM Against the Motion: The Mayor, Councillor Laxale and Councillors Li, Pendleton, Perram and Simon The matter was then AT LARGE. RESOLUTION: (Moved by Councillors Pickering and Chung) (b) That should the City of Ryde be forcibly amalgamated, City of Ryde’s

preference is for a 15 member Council of 5 (five) wards, represented by 3 (three) Councillors in each Ward. This 15 member Council will elect a Mayor from the elected Councillors, as exists currently with City of Ryde and Lane Cove Councils.

Record of Voting: For the Motion: Councillors Chung, Etmekdjian, Maggio, Pickering, Salvestro-Martin, Stott and Yedelian OAM Against the Motion: The Mayor, Councillor Laxale and Councillors Li, Pendleton, Perram and Simon

NOTICE OF MOTION 1 NSW GOVERNMENT MERGER PROPOSAL - HUNTER'S HILL, LANE COVE

AND CITY OF RYDE COUNCILS - Councillor Bill Pickering

Note: This Item was dealt with in conjunction with the Notice of Rescission 1: NSW Government Merger Proposal – Hunter’s Hill, Lane Cove and City of Ryde Councils as detailed earlier in these Minutes.

Page 13: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

5 REPORT OF THE WORKS AND COMMUNITY COMMITTEE MEETING 1/16

held on 16 February 2016

RESOLUTION: (Moved by Councillors Perram and Pendleton) That Council determine Item 6 of the Works and Community Committee report 1/16, held on 16 February 2016 noting that Items 1, 3, 4 and 5 were dealt with by the Committee within its delegated powers. Record of Voting: For the Motion: Unanimous 2 GRANT PROGRAM – ROADS AND MARITIME SERVICES – ACTIVE

TRANSPORT PROGRAM

Note: This Item was dealt with later in the meeting as detailed in these Minutes.

6 21 WINBOURNE STREET, WEST RYDE. LDA2013/420 -

CHILDCARE CENTRE TRAFFIC MANAGEMENT PLAN PRESENTED TO THE RYDE TRAFFIC COMMITTEE MEETING HELD ON 28 JANUARY 2016

Note: Marlicia Travis (representing Marsden High School Parents and Citizens Association) addressed the meeting in relation to this Item.

Note: Councillor Etmekdjian disclosed a Less than Significant Non-Pecuniary

Interest in this Item, for the reason that he knows the applicants father through the community.

Note: A petition containing approximately 50 signatures in relation to

proposed changes to parking in Winbourne Street, West Ryde was tabled by the Mayor, Councillor Laxale and a copy is ON FILE.

Note: A Memorandum from the Director – City Works and Infrastructure

dated 23 February 2016 was tabled in relation to this Item and a copy is ON FILE.

RESOLUTION: (Moved by Councillors Perram and Pendleton) That consideration of this matter be deferred to allow further consultation to be undertaken with the applicant and the affected schools and local community and a further report to be presented to the Works and Community Committee as soon as practicable. Record of Voting: For the Motion: Unanimous

Page 14: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Council Reports Page 13

ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

MAYORAL MINUTE 3/16 GENERAL MANAGER'S PERFORMANCE REVIEW - December 2015 -

The Mayor, Councillor Jerome Laxale

RESOLUTION: (Moved by The Mayor, Councillor Laxale and Councillor Simon) That Council note this Mayoral Minute and resolve to consider this matter in Closed Session at the end of the Council meeting, with only Councillors, the Manager - Strategic Human Resources and administrative staff present for consideration of this matter. Record of Voting: For the Motion: Unanimous

COUNCIL REPORTS 1 CONFIRMATION OF MINUTES - Council Meeting held on 15 December

2015

RESOLUTION: (Moved by Councillors Pendleton and Stott) That the Minutes of the Council Meeting 21/15, held on 15 December 2015 be confirmed. Record of Voting: For the Motion: Unanimous

2 CONFIRMATION OF MINUTES - Extraordinary Council Meeting held on 27

January 2016

RESOLUTION: (Moved by Councillors Stott and Perram) That the Minutes of the Extraordinary Council Meeting 1/16, held on 27 January 2016 be confirmed. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM Against the Motion: Councillor Maggio

Page 15: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

3 REPORT OF THE PLANNING AND ENVIRONMENT COMMITTEE MEETING

1/16 held on 9 February 2016

RESOLUTION: (Moved by Councillors Simon and Yedelian OAM) (a) That Council determine Item 3 of the Planning and Environment

Committee report 1/16, held on 9 February 2016 noting that Items 1 and 2 were dealt with by the Committee within its delegated powers.

(b) That Item 3(3) – 87 Bowden Street and 2 MacPherson Street, Ryde be

dealt with in Confidential Closed Session. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Etmekdjian, Li, Maggio, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM Against the Motion: Councillor Chung 3 87 BOWDEN STREET & 2 MACPHERSON STREET, RYDE - LOT

17 DP663261 AND LOT 1 DP 327005. Development Application for demolition, and construction of a new part three/part-two storey child care centre with basement car park. LDA2015/0283.

Note: This Item was dealt with later in the meeting in Confidential Closed Session as detailed in these Minutes.

4 REPORT OF THE RYDE CIVIC HUB COMMITTEE MEETING 1/16 held on 9 February 2016

Note: Councillor Pendleton disclosed a Less than Significant Non-Pecuniary Interest in this Item, for the reason that her opposition to the redevelopment of the Civic Centre public land with the inclusion of high-rise residential development is consistent with her core commitment made to the electorate at the 2012 elections.

RESOLUTION: (Moved by Councillors Simon and Chung) That Council determine all Items 1 and 2 of the Ryde Civic Hub Committee Meeting 1/16, held on 9 February 2016 in accordance with the Ryde Civic Hub Committee Terms of Reference. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM Against the Motion: Councillor Perram

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

1 CONFIRMATION OF MINUTES - Ryde Civic Hub Committee

Meeting held on 8 December 2015

RESOLUTION: (Moved by Councillors Simon and Chung) That the Minutes of the Ryde Civic Hub Committee 6/15, held on 8 December 2015, be confirmed. Record of Voting: The Mayor, Councillor Laxale and Councillors Etmekdjian, Li, Maggio, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM For the Motion: Against the Motion: Councillor Perram

2 RYDE CIVIC HUB INTERNATIONAL DESIGN COMPETITION - STATUS REPORT 5 (FEBRUARY 2016)

RESOLUTION: (Moved by Councillors Simon and Chung) That the Ryde Civic Hub Committee receives and notes the content of Status Report 5 (February 2016). Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM Against the Motion: Councillor Perram

5 REPORT OF THE WORKS AND COMMUNITY COMMITTEE MEETING 1/16

held on 16 February 2016

Note: Councillor Stott left the meeting at 10.21pm and was not present for consideration or voting on this Item.

RESOLUTION: (Moved by Councillors Perram and Maggio) That Council determine Item 2 of the Works and Community Committee report 1/16, held on 16 February 2016 noting that Items 1, 3, 4 and 5 were dealt with by the Committee within its delegated powers. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

2 GRANT PROGRAM - ROADS AND MARITIME SERVICES - ACTIVE

TRANSPORT PROGRAM

Note: Councillor Stott was not present for consideration or voting on this Item.

RESOLUTION: (Moved by Councillors Perram and Pendleton) (a) That Council accepts the grant funding from the Roads and Maritime

Service (RMS) as follows: i) $70,000 under their 2015-2016 Active Transport Program ii) $15,846 under their 2015-2016 Sydney Region Road Safety

Program

(b) That the funding received from the RMS be consolidated as an income and increased program expenditure budget at the next Quarterly Review within the Paths and Cycleways Program – Cycleways Construction Expansion – Hermitage Road, West Ryde – Shared user path $70,000.

(c) That matching funding of $70,000 be approved by Council and

allocated from the Paths and Cycleways Program – Shared user path $70,000.

(d) That the funding received from the RMS be consolidated as an income

and increased program expenditure budget at the next Quarterly Review within the Traffic and Transport Program – Traffic and Pedestrian Study $15,846.

Record of Voting: For the Motion: Unanimous

6 21 WINBOURNE STREET, WEST RYDE. LDA2013/420 -

CHILDCARE CENTRE TRAFFIC MANAGEMENT PLAN PRESENTED TO THE RYDE TRAFFIC COMMITTEE MEETING HELD ON 28 JANUARY 2016

Note: This Item was dealt with earlier in the meeting as detailed in these Minutes.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

6 REPORT OF THE FINANCE AND GOVERNANCE COMMITTEE MEETING

1/16 held on 16 February 2016

Note: Councillor Stott was not present for consideration or voting on this Item. RESOLUTION: (Moved by Councillors Pendleton and Perram) That Council determine Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Finance and Governance Committee Meeting 1/16, held on 16 February 2016 in accordance with the Finance and Governance Committee Terms of Reference. Record of Voting: For the Motion: Unanimous 1 CONFIRMATION OF MINUTES - Finance and Governance

Committee Meeting held on 15 December 2015

Note: Councillor Stott was not present for consideration or voting on this Item.

RESOLUTION: (Moved by Councillors Pendleton and Maggio) That the Minutes of the Finance and Governance Committee 3/15, held on 15 December 2015, be confirmed. Record of Voting: For the Motion: Unanimous

2 INVESTMENT REPORT - December 2015

Note: Councillor Stott was not present for consideration or voting on this Item.

RESOLUTION: (Moved by Councillors Pendleton and Simon)

That Council endorse the report of the Chief Financial Officer dated 18 January 2016 on Investment Report – December 2015. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

3 INVESTMENT REPORT - January 2016

Note: Councillor Stott was not present for consideration or voting on this Item.

RESOLUTION: (Moved by Councillors Pendleton and Simon)

That Council endorse the report of the Chief Financial Officer dated 18 January 2016 on Investment Report – January 2016. Record of Voting: For the Motion: Unanimous Note: Councillor Stott returned to the meeting at 10.28pm.

4 DECEMBER QUARTERLY REVEIW REPORT - FOUR YEAR

DELIVERY PLAN 2015-2019 AND 2015/2016 OPERATIONAL PLAN

RESOLUTION: (Moved by Councillors Li and Simon) (a) That the report of the Acting Chief Financial Officer dated 31December

2015 on the December Quarterly Review Report - Four Year Delivery Plan 2015-2019 and One Year Operational Plan 2015/2016, Quarter Two, October – December 2015 be received and endorsed.

(b) That the proposed budget adjustments included in this report resulting in

a net increase of $0.04 million to Council’s Working Capital for a projected balance as at 30 June 2016 of $3.11 million, be endorsed and included in the 2015/2016 Budget.

(c) That the proposed transfers to and from Reserves as detailed in the

report, and included as budget adjustments, totalling a net increase in Transfers to Reserves of $18.42 million be endorsed.

(d) That the Certificate of the Responsible Accounting Officer dated 27

January 2016 be endorsed.

(e) That Council endorse the Projects recommended for cancellation, deferral, being placed on hold or proposed to be carried over as detailed in the Report.

Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Perram, Pickering, Salvestro-Martin, Simon, Stott, Yedelian OAM Against the Motion: Councillors Maggio and Pendleton

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

5 STRENGTHENING RYDE - Quarterly update December 2015

RESOLUTION: (Moved by Councillors Simon and Pendleton) That Council note the progress and status of each project within the Strengthening Ryde initiative. Record of Voting: For the Motion: Unanimous

6 COUNCIL'S SUBSIDIES AND DISCOUNTS IN SERVICES - PART 2

RESOLUTION: (Moved by Councillors Pendleton and Simon) (a) That Council note the estimated total annual Community Service

Obligations (CSOs), including cost shifting costs, CSOs from Fees and Charges and other sponsorships, community grants and subsidies provided by the City of Ryde and as detailed in the report, is estimated at $24.56 million annually.

(b) That Council, as a result of this report, maintain the current level of

Community Service Obligations across its operations for the 2016/2017 financial year.

(c) That the General Manager investigate options on how Council could

improve its Community Service Obligations and provide a further report back to Council by September 2016.

(d) That the General Manager continue to refine Council’s calculations of its

estimated Community Service Obligations (CSOs) across all of Council’s operations.

(e) That Council endorse the interim principles that underpin the provision of

CSOs for the City of Ryde for the 2016/2017 budget process, as detailed in the report.

Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott, Yedelian OAM Against the Motion: Councillor Maggio

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

7 MORRISON BAY PARK - NEW SPORTS FIELDS LIGHTING FEES

AND CHARGES

RESOLUTION: (Moved by Councillors Pendleton and Perram) (a) That Council place on public exhibition the fee and charge for sports

field lighting at Morrison Bay Park as detailed in this report for a period of not less than 28 days.

(b) That should no submissions opposing the fee implementation be made

during the public exhibition process, Council introduce the fee as proposed for the 2016 winter season.

(c) That Council, consistent with its adopted policy position, charge

appropriate fees across all sportsground floodlighting from 1 July 2016, to recover all direct costs and that a further report be presented to Council after six (6) months of operation.

Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott, Yedelian OAM Against the Motion: Councillor Maggio

8 COR-EOI-05/15 FOR THE ESTABLISHMENT OF A PANEL OF

CONTRACTORS TO PROVIDE PROFESSIONAL SERVICES

RESOLUTION: (Moved by Councillors Pendleton and Salvestro-Martin) That Council defer consideration of this Item to Confidential Closed Session. Record of Voting: For the Motion: Unanimous

9 SALE OF LAND FOR UNPAID RATES

RESOLUTION: (Moved by Councillors Pendleton and Salvestro-Martin) That Council defer consideration of this Item to Confidential Closed Session. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

10 ADVICE ON COURT ACTIONS

RESOLUTION: (Moved by Councillors Pendleton and Salvestro-Martin) That Council defer consideration of this Item to Confidential Closed Session. Record of Voting: For the Motion: Unanimous

11 WEEKEND SEMINAR FOR COUNCILLORS: 26-27 FEBRUARY 2016

RESOLUTION: (Moved by Councillors Perram and Pickering) That Council endorse the attendance of Councillor Stott at the LGNSW Councillors’ Weekend Seminar on 26-27 February 2016. Record of Voting: For the Motion: Unanimous 12 REVIEW OF LOCAL GOVERNMENT ACT - PHASE 1

RESOLUTION: (Moved by Councillors Perram and Maggio) That Council endorse the ATTACHED draft responses to be provided to the Office of Local Government. Record of Voting: For the Motion: Unanimous

PRECIS OF CORRESPONDENCE 1 HERRING ROAD URBAN ACTIVATION PRECINCT - LETTER FROM THE

HON ROB STOKES MP

RESOLUTION: (Moved by Councillors Pickering and Yedelian OAM) That the correspondence from the Hon. Rob Stokes MP, dated 29 January 2016, be received and noted. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

LATE PRECIS OF CORRESPONDENCE 2 LETTER FROM THE HON. PAUL TOOLE MP REGARDING FIT FOR THE

FUTURE

RESOLUTION: (Moved by Councillors Simon and Pickering) That the correspondence be received and noted. Record of Voting: For the Motion: Unanimous

3 LETTER FROM DEPARTMENT OF PLANNING AND ENVIRONMENT REGARDING ESTABLISHMENT OF THE GREATER SYDNEY COMMISSION AND APPOINTMENT OF NORTH DISTRICT COMMISSIONER

RESOLUTION: (Moved by Councillors Simon and Pendleton) That the correspondence be received and noted. Record of Voting: For the Motion: Unanimous

NOTICE OF MOTION 2 PREPARATION OF CONCEPT DESIGN FOR SHARED USER PATHWAY,

SHRIMPTONS CREEK TO BLAXLAND ROAD, EASTWOOD

RESOLUTION: (Moved by Councillors Perram and Yedelian OAM) (a) That Council officers prepare a concept design for the proposed shared

user pathway described in the City of Ryde Bicycle Strategy 2014 for the open space land and all connecting roadways located within the County Road easement between the existing Shrimptons Creek path and Blaxland Road, Eastwood.

(b) That the Concept Design be presented to the Works and Community

Committee before the end of August 2016. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

CLOSED SESSION MAYORAL MINUTE 2/16 – URGENT REVIEW OF ITEMS OF THE LOCAL HERITAGE SIGNIFICANCE NOT LISTED UNDER THE RYDE LOCAL ENVIRONMENT PLAN Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (g) 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. ITEM 3(3) – 87 BOWDEN STREET AND 2 MACPHERSON STREET, RYDE. LDA2015/0283. Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (g) 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. ITEM 6(8) - COR-EOI-05/15 FOR THE ESTABLISHMENT OF A PANEL OF CONTRACTORS TO PROVIDE PROFESSIONAL SERVICES Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND (d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. ITEM 6(9) - SALE OF LAND FOR UNPAID RATES Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (a) personnel matters concerning particular individuals (other than councillors).

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

ITEM 6(10) - ADVICE ON COURT ACTIONS Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (g) 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. MAYORAL MINUTE 3/16 – GENERAL MANAGER’S PERFORMANCE REVIEW – DECEMBER 2015 Confidential This item is classified CONFIDENTIAL under Section 10A(2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (a) personnel matters concerning particular individuals (other than Councillors). ADJOURNMENT The Chairperson, Councillor Laxale left the meeting at 10.53pm and the meeting was adjourned. Councillors Present: Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM. MEETING RECONVENED The Mayor, Councillor Laxale returned to the meeting at 10.55pm and the meeting was reconvened. The following Councillors were present: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Maggio, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM. RESOLUTION: (Moved by Councillors Stott and Salvestro-Martin) That the Council resolve into Closed Session to consider the above matters. Record of Voting: For the Motion: Unanimous

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Note: The Council closed the meeting at 10.55pm. The public and media left the

chamber. MAYORAL MINUTES 2/16 URGENT REVIEW OF ITEMS OF LOCAL HERITAGE SIGNIFICANCE NOT

LISTED UNDER THE RYDE LOCAL ENVIRONMENTAL PLAN - The Mayor, Councillor Jerome Laxale

Note: Justin Ng, Alan Holroyd, Kevin Shaw (representing Ryde District Historical Society), Suellen Hazell, Louise Haynes, Derek Styles and Doriana Donnelly addressed the meeting in relation to this Item.

Note: A document regarding the City of Ryde 2010 Heritage Study /

Properties of Significance was tabled in relation to this Item and a copy is ON FILE.

Note: Correspondence from Planning Ingenuity Pty Ltd dated 22 June 2015

was tabled by Justin Ng in relation to this Item and a copy is ON FILE. Note: A petition containing approximately 400 signatures was tabled by

Councillor Chung in relation to this Item and a copy is ON FILE. MOTION: (Moved by The Mayor, Councillor Laxale and Councillor Simon) (a) That Council reverse its 2010 resolution that prevents consideration of

previously identified properties for listing and also requires owners consent prior to the listing of any heritage item, and directs/delegates to the General Manager to take immediate action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank and resolve to list the property as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014.

(b) That Council as part of its obligations to protect and conserve the heritage of this City review the properties identified in the 2010 Heritage Study that have heritage significance and all related heritage policies and procedures that have been adopted since that time.

(c) That the General Manager prepare a report to Council before August

2016 that investigates the heritage significance of the properties identified in the 2010 Heritage Study and recommends the listing of heritage items within Ryde Local Environmental Plan 2014.

AMENDMENT: (Moved by Councillors Chung and Salvestro-Martin) (a) That Council delegate authority to the General Manager to take all

necessary action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(b) That Council resolve to list the property at 87 Bowden Street,

Meadowbank as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014, notwithstanding that owners consent has not been received and that Council had previously resolved to not revisit the heritage significance of the property.

(c) That Council as part of its obligations to protect and conserve the heritage of this City review the properties identified in the 2010 Heritage Study that have heritage significance, inclusive of a review of its previous 2010 resolution that prevents consideration of previously identified properties for listing, requires owners consent prior to the listing of any heritage item and reviews all related heritage policies and procedures that have been adopted since that time.

(d) That the General Manager prepare a workshop to Council before

August 2016 that investigates the heritage significance of the properties identified in the 2010 Heritage Study and recommends the listing of heritage items within Ryde Local Environmental Plan 2014.

On being put to the Meeting, the voting on the Amendment was seven (7) For and five (5) Against. The Amendment was CARRIED and then became the Motion. Record of Voting: For the Amendment: Councillors Chung, Etmekdjian, Perram, Pickering, Salvestro-Martin, Stott, Yedelian OAM Against the Amendment: The Mayor, Councillor Laxale and Councillors Li, Maggio, Pendleton and Simon RESOLUTION: (Moved by Councillors Chung and Salvestro-Martin) That the Motion be dealt with in seriatim. Record of Voting: For the Motion: Councillors Chung, Etmekdjian, Li, Perram, Pickering, Salvestro-Martin and Yedelian OAM Against the Motion: The Mayor, Councillor Laxale and Councillors Maggio, Pendleton, Simon and Stott Note: The Item was then dealt with in Seriatim.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

RECOMMENDATION: (Moved by Councillors Chung and Salvestro-Martin) (a) That Council delegate authority to the General Manager to take all

necessary action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank.

For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Perram, Pendleton, Salvestro-Martin and Simon Against the Motion: Councillors Li, Maggio, Pickering, Stott and Yedelian OAM

RECOMMENDATION: (Moved by Councillors Chung and Salvestro-Martin)

(b) That Council resolve to list the property at 87 Bowden Street, Meadowbank as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014, notwithstanding that owners consent has not been received and that Council had previously resolved to not revisit the heritage significance of the property.

For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Perram, Pendleton, Salvestro-Martin and Simon Against the Motion: Councillors Li, Maggio, Pickering, Stott and Yedelian OAM

MOTION: (Moved by Councillors Chung and Salvestro-Martin)

(c) That Council as part of its obligations to protect and conserve the

heritage of this City review the properties identified in the 2010 Heritage Study that have heritage significance, inclusive of a review of its previous 2010 resolution that prevents consideration of previously identified properties for listing, requires owners consent prior to the listing of any heritage item and reviews all related heritage policies and procedures that have been adopted since that time.

On being put to the Meeting, the voting on the Motion was three (3) For and nine (9) Against. The Motion was LOST. For the Motion: The Mayor, Councillor Laxale and Councillors Pendleton and Simon Against the Motion: Councillors Chung, Etmekdjian, Li, Maggio, Perram, Pickering, Salvestro-Martin, Stott and Yedelian OAM

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

MOTION: (Moved by Councillors Chung and Salvestro-Martin) (d) That the General Manager prepare a workshop to Council before

August 2016 that investigates the heritage significance of the properties identified in the 2010 Heritage Study and recommends the listing of heritage items within Ryde Local Environmental Plan 2014.

On being put to the Meeting, the voting on the Motion was three (3) For and nine (9) Against. The Motion was LOST. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Pendleton and Simon Against the Motion: Councillors Chung, Etmekdjian, Li, Maggio, Perram, Pickering, Salvestro-Martin, Stott and Yedelian OAM RECOMMENDATION: (Moved by Councillors Chung and Salvestro-Martin) (a) That Council delegate authority to the General Manager to take all

necessary action to place an Interim Heritage Order over 87 Bowden Street, Meadowbank.

(b) That Council resolve to list the property at 87 Bowden Street, Meadowbank as an item of local heritage significance within Schedule 5 Environmental Heritage of Ryde Local Environmental Plan 2014, notwithstanding that owners consent has not been received and that Council had previously resolved to not revisit the heritage significance of the property.

COUNCIL REPORTS 3 REPORT OF THE PLANNING AND ENVIRONMENT COMMITTEE MEETING

1/16 held on 9 February 2016

3 87 BOWDEN STREET & 2 MACPHERSON STREET, RYDE - LOT 17 DP663261 AND LOT 1 DP 327005. Development Application for demolition, and construction of a new part three/part-two storey child care centre with basement car park. LDA2015/0283.

Note: Councillor Simon disclosed a Less than Significant Non-Pecuniary Interest in this Item, for the reason that he plays soccer with one of the objectors.

Note: A petition containing approximately 400 signatures was tabled by

Councillor Chung in relation to this Item and a copy is ON FILE.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

RECOMMENDATION: (Moved by Councillors Simon and Chung) (a) That LDA2015/283 at 87 Bowden Street and 2 MacPherson Street,

Ryde being LOT 17 DP663261 and LOT 1 DP 327005 be refused for the following reasons:

1. Insufficient information has been submitted to enable Council to

make a full and proper assessment of the application. Specifically, a Heritage Impact Statement has not been submitted with the application, and therefore Council is unable to make a proper assessment of the impact on nearby heritage items, or on the possible heritage significance of the existing dwelling on the subject site.

2. The development is unacceptable in terms of non-compliance

with Ryde Development Control Plan 2014. Specifically:

(a) Signed undertaking regarding compliance with the Childrens Services Regulation 2004 or the requirements of DOCS;

(b) Preferred locations for larger centres in residential areas;

(c) Crime Prevention through Environmental Design (CPTED) principles;

(d) Height requirements in for child care centres in low density residential areas;

(e) Built form controls in residential areas:

Height

Setbacks

Acoustic privacy (elevated play areas)

Underground parking;

(f) Play areas within the front setback;

(g) Centre facilities (cot rooms);

(h) Waste Management Plan and waste storage arrangements;

3. The proposal is unacceptable in terms of traffic issues, specifically, traffic generated from the proposed development and also impacts of vehicle movements on the local road network during peak periods.

4. The proposal is unacceptable in terms of the amount and extent

of excavation proposed, specifically regarding the basement level carpark.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

5. The proposal is unacceptable in terms of the number of children

proposed in the centre, specifically which will lead to unacceptable amenity impacts on neighbouring properties (in particular noise), as well as excessive traffic generation and vehicle movements during peak periods.

(b) That the persons who made submissions be advised of Council's

decision. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott, Yedelian OAM Against the Motion: Councillor Maggio

6 REPORT OF THE FINANCE AND GOVERNANCE COMMITTEE MEETING

1/16 held on 16 February 2016

8 COR-EOI-05/15 FOR THE ESTABLISHMENT OF A PANEL OF CONTRACTORS TO PROVIDE PROFESSIONAL SERVICES

RECOMMENDATION: (Moved by Councillors Perram and Pickering) (a) That the report for the Establishment of a Panel of Contractors to

Provide Professional Services be received and noted. (b) That the Panel of Contractors to Provide Professional Services from the

contractors outlined in the Confidential ATTACHMENT to the report be accepted on an ‘as required’ basis to undertake minor projects’.

(c) That the preferred contractors be advised that work will be allocated to

them on as on ‘as required’ basis, following consideration at the time of the type of work, price, availability, relevant areas of expertise.

(d) That the preferred contractors provide details of the required insurances

(i.e. Public Liability, Workers Compensation and Professional Indemnity), and other conforming documents for approval within 14 days from the date of acceptance of the Expression of Interest.

(e) That Council delegate to the Appropriate Officer, based on level of

financial delegation, the authority to enter into a contract with the preferred contractors on the terms contained within the Expression of Interest and for minor amendments to be made to the contract documents that are not of a material nature.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(f) That Council advise all the respondents of Council’s decision. Record of Voting: For the Motion: Councillors Chung, Etmekdjian, Perram, Simon, Pendleton, Li and Pickering Against the Motion: The Mayor, Councillor Laxale and Councillors Maggio, Salvestro-Martin, Stott and Yedelian OAM 9 SALE OF LAND FOR UNPAID RATES

RECOMMENDATION: (Moved by Councillors Simon and Perram) (a) That Council endorse the properties listed in the report and in

ATTACHMENT 1 to progress to be sold at public auction, due to unpaid rates for more than five years.

(b) That Council endorse the reserve price for each property to be sold for

unpaid rates as detailed in ATTACHMENT 1. (c) That Council grant a Power of Attorney to Council’s General Manager,

Gail Connolly and General Counsel, Paul Kapetas, specifically for the purpose of signing contracts for the sale of properties for unpaid rates as identified in this report and to affix Council’s Seal to both Power of Attorney Instruments.

(d) That Council delegate to the General Manager the authority to negotiate

the sale of any of the properties detailed in part (a) of the recommendation, by private treaty as a result of not being sold at public auction, within the reserve price set by Council.

Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon and Stott Against the Motion: Councillors Maggio and Yedelian OAM

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

10 ADVICE ON COURT ACTIONS

RECOMMENDATION: (Moved by Councillors Stott and Simon) That the report of the General Counsel be received. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Pickering, Salvestro-Martin, Simon, Stott and Yedelian OAM Against the Motion: Councillor Maggio

EXTENSION OF TIME – COMPLETION OF BUSINESS Note: Councillor Salvestro-Martin left the meeting at 11.42pm and was not present

for consideration or voting on this Item. RESOLUTION: (Moved by Councillors Etmekdjian and Chung) That Council extend the meeting closing time to allow the completion of all business, the time being 11.42pm. Record of Voting: For the Motion: The Mayor, Councillor Laxale and Councillors Chung, Etmekdjian, Li, Pendleton, Perram, Simon, Pendleton, Stott, Pickering, Yedelian OAM Against the Motion: Councillor Maggio STAFF PRESENT Note: All staff with the exception of the Manager – Strategic Human Resources,

Senior Coordinator – Governance (administrative staff) and Governance, Risk and Audit Coordinator (administrative staff), left the meeting the time being 11.44pm.

Note: Councillor Salvestro-Martin returned to the meeting at 11.45pm.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

MAYORAL MINUTES 3/16 GENERAL MANAGER’S PERFORMANCE REVIEW – December

2015

Note: Councillor Maggio left the meeting at 11.52pm and did not return. He was not present for voting on this Item.

RECOMMENDATION: (Moved by The Mayor, Councillor Laxale and Councillor Simon) (a) That Council note the Performance Review Report provided by McArthur

and Associates, that includes the assessment made by the Councillors present at the review meeting (as attached to this report).

(b) That Council acknowledge the Performance Review Rating of “Very

Satisfactory” for the General Manager as a result of this performance review, noting that such a rating enables Council to apply a discretionary increase to the General Manager’s Annual Total Remuneration Package (ATRP) as per Clause 8.3 of the General Manager’s Contract of Employment.

(c) That in view of Part (b) above, Council apply a discretionary increase of

5% to the General Manager’s ATRP, with such an increase to take effect from the commencement of the next pay period on 7 March 2016.

Record of Voting: For the Motion: Unanimous Note: Councillor Li left at 11.57pm and did not return. OPEN SESSION Note: Councillors Li and Maggio were not present for the consideration and voting

on this Item. RESOLUTION: (Moved by Councillors Pickering and Etmekdjian) That Council resolve itself into open Council. Record of Voting: For the Motion: Unanimous Note: Open Council resumed at 11.56pm.

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ITEM 1 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Note: Councillors Li and Maggio were not present for the consideration and voting

on this Item. RESOLUTION: (Moved by Councillors Pickering and Etmekdjian) That the recommendations of Items considered in Closed Session be received and adopted as resolutions of Council without any alteration or amendment thereto. Record of Voting: For the Motion: Unanimous NATIONAL ANTHEM The National Anthem was sung at the conclusion of the meeting.

The meeting closed at 11.58pm.

CONFIRMED THIS 22ND DAY OF MARCH 2016

Chairperson

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Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

2 REPORT OF THE PLANNING AND ENVIRONMENT COMMITTEE MEETING 2/16 held on 8 March 2016

Report prepared by: Senior Coordinator - Governance File No.: CLM/16/1/3/2 - BP16/195

REPORT SUMMARY Attached are the Minutes of the Planning and Environment Committee Meeting 2/16 held on 8 March 2016. The Minutes will be listed for confirmation at the next Planning and Environment Committee Meeting. Item 1 was dealt with by the Committee within its delegated powers. The following Committee recommendations for Items 2 and 3 are submitted to Council for determination in accordance with the delegations set out in Council’s Code of Meeting Practice relating to Charters, functions and powers of Committees:

2 68 BLAXLAND ROAD, RYDE. LOT 17 DP 9692, LOT 16 DP 9692. Application pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979 to amend the approved trading hours of the Royal Hotel. LDA1988/3707. Section 96 Application No. MOD2015/0100.

Note: Councillor Chung disclosed a Less than Significant Non-Pecuniary Interest in this Item for the reason that the Solicitor for the applicant has acted for Councillor Chung in the past.

Note: Councillor Pickering disclosed a Less than Significant Non-Pecuniary Interest

in this Item for the reason that he has met the owner of the Hotel on three occasions including once while he was Mayor.

Note: Tony Hatzis (representing the applicant) addressed the meeting in relation to

this Item. RECOMMENDATION: (Moved by Councillors Chung and Pickering) (a) That the Section 96 application No. MOD2015/0100 at 68 Blaxland Road, Ryde

being LOT 17 DP 9692 to modify Development Consent No. 3707 be modified in the following manner:

1. That Condition Numbers 7 be deleted and replaced by the following:

7. Trading hours. The Hotel shall only operate within the hours specified

under this condition:

(a) The hours of operation of the premises are restricted to between 10:00am to 12:00 midnight Mondays to Saturdays and 10:00am to 10:00pm on Sundays.

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ITEM 2 (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(b) Notwithstanding (a) above, the premises may operate until 2:00am

on Tuesday to Sunday mornings and until midnight on Sundays for a trial period of twelve (12) months commencing from the grant of an extended trading authorisation by the NSW Independent Liquor and Gaming Authority. The applicant shall as soon as reasonably possible, furnish Council with documents to confirm commencement of the trial period.

(c) At the expiration of the trial period the opening hours shall revert to the hours approved under (a) above.

(d) The operator may seek a review of the opening hours through a separate Section 96 Application being made to Council prior to the expiry of the trial period. A decision to make the hours permanent may include (but not limited to) factors such as:

Evidence to be furnished by the operator as to whether the trial has actually occurred;

Any justified complaints received and investigated by the Police and or the Council;

Comments and advice received from the Ryde Local Area Command as a result of the new Section 96 Application being referred to them;

The performance of the operator during the trial period with respect compliance with the Venue Management Plan;

2. That the following additional condition be imposed:

14. Offensive noise – The use of the premises must not cause the

emission of offensive noise as defined in the Protection of the Environment Operations Act 1997.

15. Venue Management Plan (VMP). The business must be operated at all times in accordance with the Venue Management Plan dated February 2016 approved under this development consent. Any changes to the Venue Management Plan must be agreed upon in writing by the Ryde Local Area Commander and City of Ryde.

16. Restriction on entertainment. No live music, entertainment provided by DJ or other performer is to be provided at the Hotel after midnight. Any music if provided is to be limited to background music only.

17. Maximum number of Patrons after 12:00 midnight. On any morning that the Hotel trades after midnight, no more than 50 patrons are to be in the Hotel at any one time after midnight.

18. No sale or supply of liquor after midnight. There shall be no sale or supply of liquor after 12:00 midnight.

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ITEM 2 (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

19. Security guard. On the nights that the Royal Hotel trades past midnight, at least one licensed security officer shall be provided at the premises from 10:00pm and must ensure patrolling in the vicinity of the hotel until 30 minutes after closing time. The conduct and duties of the security personnel is to be in accordance with the details provided in the Venue Management Plan.

(b) That the persons who made submissions be advised of Council's decision. Record of Voting: For the Motion: Councillors Chung, Etmekdjian and Pickering Against the Motion: Councillors Pendleton and Simon Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 as

dissenting votes were recorded.

3 PLANNING PROPOSAL- 86 BLENHEIM ROAD AND 12A-14 EPPING ROAD,

NORTH RYDE

Note: Councillor Pickering disclosed a Significant Non-Pecuniary Interest in this Item for the reason that the planner for the applicant, Think Planners have another mutual client (not this applicant) that Councillor Pickering’s company is consulting for in a different Local Government Area. Councillor Pickering left the meeting at 5.13pm and was not present for consideration or voting on this Item.

Note: Jennie Minifie (representing Ryde Community Alliance), Jasmina Moltter,

Patrick Azizi and Adam Byrnes (representing the applicant and owners of the land) addressed the meeting in relation to this Item.

Note: Documentation from Adam Byrnes (on behalf of the applicant) was tabled in

relation to this Item and a copy is ON FILE. RECOMMENDATION: (Moved by Councillors Chung and Pendleton) (a) That Council not support the Planning Proposal for 86 Blenheim Road and 12A

and 14 Epping Road, North Ryde to zone the site R4 High Density Residential under Ryde LEP 2014 proceeding to a Gateway Determination as the Proposal:

(i) Does not support the principles of “A Plan for Growing Sydney” which aim

to accelerate new housing in specific locations and concentrate additional development in close proximity train stations;

(ii) Constitutes an ad-hoc rezoning of the site in isolation of an agreed

strategic vision for the southern side of Epping Road;

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ITEM 2 (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(iii) Lack of understanding of the traffic impacts on the local road system; (iv) Is not supported by any strategic land use study prepared by either

Council or the Department of Planning and Environment; (v) Does not constitute Transit Oriented Development due to the heavily

compromised walking route to the station; (vi) Is premature to the finalisation of the North District Plan which will identify

areas suitable for housing growth; (vii) Will have an unacceptable traffic impact on the intersection of Pittwater

Road/ Blenheim Road and Pittwater Road/ Epping Road; (viii) Results in poor amenity for residents given its close relationship to Epping

Road and the inability to provide adequate setbacks; (ix) Is not required to meet existing housing targets for growth in the City of

Ryde; (x) Is inconsistent with the development options for the site previously

outlined to the proponent to develop the site for multi-dwelling housing (villas) or a lower scale residential flat development;

(xi) The site does not form part of the Macquarie Park Corridor or the North

Ryde Station Precinct and is geographically separated from these areas by significant road barriers, therefore achieving the same densities and height as these areas is not appropriate;

(xii) Does not provide urban design rationale for high rise development in this

low rise residential and parkland setting; (xiii) Has overshadowing impacts on neighbouring Blenheim Park and Myall

Reserve; (xiv) Will have an unacceptable visual impact on surrounding low density

residential areas; and (xv) The community benefits identified in the Voluntary Planning Agreement

offer are inadequate.

(b) That the General Manager be delegated to investigate and action the acquisition of the land for open space to be incorporated into Blenheim Park.

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ITEM 2 (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Record of Voting: For the Motion: Councillors Chung, Pendleton and Simon Against the Motion: Councillor Etmekdjian Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 as

dissenting votes were recorded.

ATTACHMENTS 1 MINUTES - Planning and Environment Committee Meeting - 8 March 2016

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Planning and Environment Committee MINUTES OF MEETING NO. 2/16

Meeting Date: Tuesday 8 March 2016 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 5.00pm Councillors Present: Councillors Simon (Chairperson), Chung, Etmekdjian, Pendleton and Pickering. Note: Councillor Pickering arrived at the meeting at 5.01pm during Disclosures of

Interest. Apologies: Councillor Yedelian OAM. Staff Present: General Manager, Acting Director – City Strategy and Planning, General Counsel, Acting Manager – Assessment, Manager – Strategic City, Acting Senior Coordinator – Major Development, Acting Senior Coordinator – Community Engagement, Senior Development Engineer, Business Support Coordinator and Senior Coordinator - Governance. DISCLOSURES OF INTEREST Councillor Chung disclosed a Less than Significant Non-Pecuniary Interest in Item 2 – 68 Blaxland Road, Ryde, for the reason that the Solicitor for the applicant has acted for Councillor Chung in the past. Councillor Pickering disclosed a Less than Significant Non-Pecuniary Interest in Item 2 – 68 Blaxland Road, Ryde, for the reason that he has met the owner of the Hotel on three occasions including once while he was Mayor. Councillor Pickering disclosed a Significant Non-Pecuniary Interest in Item 3 – Planning Proposal – 86 Blenheim Road and 12A-14 Epping Road, North Ryde, for the reason that the planner for the applicant, Think Planners have another mutual client (not this applicant) that Councillor Pickering’s company is consulting for in a different Local Government Area. 1 CONFIRMATION OF MINUTES - Meeting held on 9 February 2016

Note: This Item was dealt with later in the meeting as detailed in these Minutes.

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

2 68 BLAXLAND ROAD, RYDE. LOT 17 DP 9692, LOT 16 DP 9692.

Application pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979 to amend the approved trading hours of the Royal Hotel. LDA1988/3707. Section 96 Application No. MOD2015/0100.

Note: This Item was dealt with later in the meeting as detailed in these Minutes. 3 PLANNING PROPOSAL- 86 BLENHEIM ROAD AND 12A-14 EPPING ROAD,

NORTH RYDE

Note: Councillor Pickering disclosed a Significant Non-Pecuniary Interest in this Item for the reason that the planner for the applicant, Think Planners have another mutual client (not this applicant) that Councillor Pickering’s company is consulting for in a different Local Government Area. Councillor Pickering left the meeting at 5.13pm and was not present for consideration or voting on this Item.

Note: Jennie Minifie (representing Ryde Community Alliance), Jasmina Moltter,

Patrick Azizi and Adam Byrnes (representing the applicant and owners of the land) addressed the meeting in relation to this Item.

Note: Documentation from Adam Byrnes (on behalf of the applicant) was tabled in

relation to this Item and a copy is ON FILE. RECOMMENDATION: (Moved by Councillors Chung and Pendleton) (a) That Council not support the Planning Proposal for 86 Blenheim Road and 12A

and 14 Epping Road, North Ryde to zone the site R4 High Density Residential under Ryde LEP 2014 proceeding to a Gateway Determination as the Proposal:

(i) Does not support the principles of “A Plan for Growing Sydney” which aim

to accelerate new housing in specific locations and concentrate additional development in close proximity train stations;

(ii) Constitutes an ad-hoc rezoning of the site in isolation of an agreed

strategic vision for the southern side of Epping Road; (iii) Lack of understanding of the traffic impacts on the local road system; (iv) Is not supported by any strategic land use study prepared by either

Council or the Department of Planning and Environment; (v) Does not constitute Transit Oriented Development due to the heavily

compromised walking route to the station; (vi) Is premature to the finalisation of the North District Plan which will identify

areas suitable for housing growth;

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(vii) Will have an unacceptable traffic impact on the intersection of Pittwater

Road/ Blenheim Road and Pittwater Road/ Epping Road; (viii) Results in poor amenity for residents given its close relationship to Epping

Road and the inability to provide adequate setbacks; (ix) Is not required to meet existing housing targets for growth in the City of

Ryde; (x) Is inconsistent with the development options for the site previously

outlined to the proponent to develop the site for multi-dwelling housing (villas) or a lower scale residential flat development;

(xi) The site does not form part of the Macquarie Park Corridor or the North

Ryde Station Precinct and is geographically separated from these areas by significant road barriers, therefore achieving the same densities and height as these areas is not appropriate;

(xii) Does not provide urban design rationale for high rise development in this

low rise residential and parkland setting; (xiii) Has overshadowing impacts on neighbouring Blenheim Park and Myall

Reserve; (xiv) Will have an unacceptable visual impact on surrounding low density

residential areas; and (xv) The community benefits identified in the Voluntary Planning Agreement

offer are inadequate.

(b) That the General Manager be delegated to investigate and action the acquisition of the land for open space to be incorporated into Blenheim Park.

Record of Voting: For the Motion: Councillors Chung, Pendleton and Simon Against the Motion: Councillor Etmekdjian Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 as

dissenting votes were recorded.

Note: Councillor Pickering returned to the meeting at 5.44pm.

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

1 CONFIRMATION OF MINUTES - Meeting held on 9 February 2016

RESOLUTION: (Moved by Councillors Pendleton and Pickering) That the Minutes of the Planning and Environment Committee 1/16, held on 9 February 2016, be confirmed. Record of Voting: For the Motion: Unanimous Note: This is now a resolution of Council in accordance with the Committee’s delegated powers. CLOSED SESSION ITEM 2 – 68 BLAXLAND ROAD, RYDE Confidential This item is classified CONFIDENTIAL under Section 10A (2) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (g) 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.

RESOLUTION: (Moved by Councillors Simon and Pickering) That the meeting resolve into Closed Session to discuss the above matter. Record of Voting: For the Motion: Unanimous

Note: The Committee closed the meeting at 5.45pm and Committee members held a

confidential discussion in Committee Room 1, Level 5, Civic Centre, 1 Devlin Street, Ryde.

OPEN SESSION

RESOLUTION: (Moved by Councillors Pendleton and Pickering) That the Committee resolve itself into open Session. Record of Voting: For the Motion: Unanimous Note: Open Committee resumed at 5.58pm.

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

2 68 BLAXLAND ROAD, RYDE. LOT 17 DP 9692, LOT 16 DP 9692.

Application pursuant to Section 96(2) of the Environmental Planning and Assessment Act, 1979 to amend the approved trading hours of the Royal Hotel. LDA1988/3707. Section 96 Application No. MOD2015/0100.

Note: Councillor Chung disclosed a Less than Significant Non-Pecuniary Interest in this Item for the reason that the Solicitor for the applicant has acted for Councillor Chung in the past.

Note: Councillor Pickering disclosed a Less than Significant Non-Pecuniary Interest

in this Item for the reason that he has met the owner of the Hotel on three occasions including once while he was Mayor.

Note: Tony Hatzis (representing the applicant) addressed the meeting in relation to

this Item. RECOMMENDATION: (Moved by Councillors Chung and Pickering) (a) That the Section 96 application No. MOD2015/0100 at 68 Blaxland Road, Ryde

being LOT 17 DP 9692 to modify Development Consent No. 3707 be modified in the following manner:

1. That Condition Numbers 7 be deleted and replaced by the following:

7. Trading hours. The Hotel shall only operate within the hours specified

under this condition:

(a) The hours of operation of the premises are restricted to between 10:00am to 12:00 midnight Mondays to Saturdays and 10:00am to 10:00pm on Sundays.

(b) Notwithstanding (a) above, the premises may operate until 2:00am on Tuesday to Sunday mornings and until midnight on Sundays for a trial period of twelve (12) months commencing from the grant of an extended trading authorisation by the NSW Independent Liquor and Gaming Authority. The applicant shall as soon as reasonably possible, furnish Council with documents to confirm commencement of the trial period.

(c) At the expiration of the trial period the opening hours shall revert to the hours approved under (a) above.

(d) The operator may seek a review of the opening hours through a separate Section 96 Application being made to Council prior to the expiry of the trial period. A decision to make the hours permanent may include (but not limited to) factors such as:

Evidence to be furnished by the operator as to whether the trial has actually occurred;

Any justified complaints received and investigated by the Police and or the Council;

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ITEM 2 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Comments and advice received from the Ryde Local Area Command as a result of the new Section 96 Application being referred to them;

The performance of the operator during the trial period with respect compliance with the Venue Management Plan;

2. That the following additional condition be imposed:

14. Offensive noise – The use of the premises must not cause the emission of offensive noise as defined in the Protection of the Environment Operations Act 1997.

15. Venue Management Plan (VMP). The business must be operated at all times in accordance with the Venue Management Plan dated February 2016 approved under this development consent. Any changes to the Venue Management Plan must be agreed upon in writing by the Ryde Local Area Commander and City of Ryde.

16. Restriction on entertainment. No live music, entertainment provided by DJ or other performer is to be provided at the Hotel after midnight. Any music if provided is to be limited to background music only.

17. Maximum number of Patrons after 12:00 midnight. On any morning that the Hotel trades after midnight, no more than 50 patrons are to be in the Hotel at any one time after midnight.

18. No sale or supply of liquor after midnight. There shall be no sale or supply of liquor after 12:00 midnight.

19. Security guard. On the nights that the Royal Hotel trades past midnight, at least one licensed security officer shall be provided at the premises from 10:00pm and must ensure patrolling in the vicinity of the hotel until 30 minutes after closing time. The conduct and duties of the security personnel is to be in accordance with the details provided in the Venue Management Plan.

(b) That the persons who made submissions be advised of Council's decision. Record of Voting: For the Motion: Councillors Chung, Etmekdjian and Pickering Against the Motion: Councillors Pendleton and Simon Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 as

dissenting votes were recorded.

The meeting closed at 6.01pm.

CONFIRMED THIS 12TH DAY OF APRIL 2016.

Chairperson

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Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

3 REPORT OF THE RYDE CIVIC HUB COMMITTEE MEETING 2/16 held on 8 March 2016

Report prepared by: Senior Coordinator - Governance File No.: CLM/16/1/4/2 - BP16/196

REPORT SUMMARY Attached are the Minutes of the Ryde Civic Hub Committee Meeting 2/16 held on 8 March 2016. The Minutes will be listed for confirmation at the next Ryde Civic Hub Committee Meeting. The following Committee recommendations for Items 1, 2 and 3 are submitted to Council for determination in accordance with the delegations set out in the Code of Meeting Practice relating to Charters, functions and powers of Committees:

1 CONFIRMATION OF MINUTES - Ryde Civic Hub Committee Meeting held on 9 February 2016

RECOMMENDATION: (Moved by Councillors Pickering and Stott) That the Minutes of the Ryde Civic Hub Committee 1/16, held on 9 February 2016, be confirmed. Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

2 RYDE CIVIC HUB INTERNATIONAL DESIGN COMPETITION - STATUS

REPORT 6 (MARCH 2016)

Note: JBA Urban Planning Consultants (Competition Registrar) provided a presentation to the meeting.

Note: Council’s Acting Chief Operating Officer, Acting Manager – Communications,

Customer Service and Events and Community Engagement Coordinator provided a presentation to the meeting.

RECOMMENDATION: (Moved by Councillors Pickering and Stott) That the Ryde Civic Hub Committee receives and notes the content of Status Report 6 (March 2016) as contained in the presentations by the Competition Registrar (JBA Urban Planning Consultants) and the City of Ryde’s Communications team.

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Council Reports Page 47

ITEM 3 (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

3 CIVIC CENTRE - UPDATE OF WHS INCIDENTS AND MAINTENANCE

EXPENDITURE (REPORT No. 3)

RECOMMENDATION: (Moved by Councillors Etmekdjian and Stott) That Council receive and note this report. Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

ATTACHMENTS 1 MINUTES - Ryde Civic Hub Committee Meeting - 8 March 2016

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Council Reports Page 48

ITEM 3 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

Ryde Civic Hub Committee MINUTES OF MEETING NO. 2/16

Meeting Date: Tuesday 8 March 2016 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 6.04pm Councillors Present: Councillors Simon (Chairperson), Etmekdjian, Pickering and Stott. Apologies: Councillor Pendleton. Leave of Absence: Councillor Perram. Note: In the absence of Councillor Perram, the Deputy Chairperson – Councillor Simon

chaired the meeting. Staff Present: General Manager, Acting Chief Operating Officer, Acting Director – Corporate and Community Services, Acting Director – City Strategy and Planning, Director – City Works and Infrastructure, Acting Manager – Communications, Customer Service and Events, Executive Officer – Ryde Civic Hub, Acting Senior Coordinator – Community Engagement, Community Engagement Coordinator, JBA Urban Planning Consultants and Senior Coordinator - Governance. DISCLOSURES OF INTEREST There were no disclosures of interest. 1 CONFIRMATION OF MINUTES - Ryde Civic Hub Committee Meeting held

on 9 February 2016

RECOMMENDATION: (Moved by Councillors Pickering and Stott) That the Minutes of the Ryde Civic Hub Committee 1/16, held on 9 February 2016, be confirmed. Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

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Council Reports Page 49

ITEM 3 (continued) ATTACHMENT 1

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

2 RYDE CIVIC HUB INTERNATIONAL DESIGN COMPETITION - STATUS

REPORT 6 (MARCH 2016)

Note: JBA Urban Planning Consultants (Competition Registrar) provided a presentation to the meeting.

Note: Council’s Acting Chief Operating Officer, Acting Manager – Communications,

Customer Service and Events and Community Engagement Coordinator provided a presentation to the meeting.

RECOMMENDATION: (Moved by Councillors Pickering and Stott) That the Ryde Civic Hub Committee receives and notes the content of Status Report 6 (March 2016) as contained in the presentations by the Competition Registrar (JBA Urban Planning Consultants) and the City of Ryde’s Communications team. Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

3 CIVIC CENTRE - UPDATE OF WHS INCIDENTS AND MAINTENANCE

EXPENDITURE (REPORT No. 3)

RECOMMENDATION: (Moved by Councillors Etmekdjian and Stott) That Council receive and note this report. Record of Voting: For the Motion: Unanimous Note: This matter will be dealt with at the Council Meeting to be held on 22 MARCH 2016 in

accordance with the Ryde Civic Hub Committee Terms of Reference in Council’s Code of Meeting Practice.

The meeting closed at 6.38pm.

CONFIRMED THIS 12TH DAY OF APRIL 2016.

Chairperson

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Council Reports Page 50

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

4 REPORT OF THE WORKS AND COMMUNITY COMMITTEE MEETING 2/16 held on 15 March 2016

Report prepared by: Senior Coordinator - Governance File No.: CLM/16/1/2/2 - BP16/197

REPORT SUMMARY The Minutes of the Works and Community Committee Meeting 2/16 held on 15 March 2016 are to be circulated on Thursday, 17 March 2016 after the meeting has been conducted. The Minutes will be listed for confirmation at the next Works and Community Committee Meeting. A report detailing Items which were dealt with by the Committee within its delegated powers, together with any Committee recommendations will be circulated at the same time as the Minutes on Thursday, 17 March 2016.

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Council Reports Page 51

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

5 REPORT OF THE FINANCE AND GOVERNANCE COMMITTEE MEETING 2/16 held on 15 March 2016

Report prepared by: Senior Coordinator - Governance File No.: CLM/16/1/5/2 - BP16/198

REPORT SUMMARY The Minutes of the Finance and Governance Committee Meeting 2/16 held on 15 March 2016 are to be circulated on Thursday, 17 March 2016 after the meeting has been conducted. The Minutes will be listed for confirmation at the next Finance and Governance Committee Meeting. In accordance with the delegations set out in the Code of Meeting Practice relating to Charters, functions and powers of Committees, a report detailing the Committee recommendations will be circulated at the same time as the Minutes on Thursday, 17 March 2016.

Page 53: Council Meeting AGENDA NO. 3/16 - City of Ryde · 3/22/2016  · Location: Council Chambers, Level 6, Civic Centre, 1 Devlin Street, Ryde Time: 7.00pm Council Meetings will be recorded

Notices of Motion Page 52

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

NOTICES OF MOTION

1 STEPS AT SOUTHERN END OF PATHWAY BETWEEN EPPING ROAD AND MAWARRA CRESCENT, MARSFIELD - Councillor Terry Perram

File Number: CLM/16/1/1/6 - BP16/199

MOTION: (a) That Council investigate the poorly lit steps at the southern end of the pathway

between Epping Road and Mawarra Crescent, Marsfield and devise a solution to make these steps safer for pedestrians.

(b) That Council consider funding the solution in the forthcoming 2016-17 Delivery

Plan. 2 ROAD SAFETY - Deputy Mayor, Councillor Roy Maggio

File Number: CLM/16/1/1/6 - BP16/243

MOTION: (a) That the General Manager facilitate a collaborative meeting within 14 days, to

discuss and initiate a road safety improvement plan with the objective to reduce the safety risks to pedestrians and school children from Ryde East Public School.

(b) That the General Manager invites the following parties to attend a collaborative

style meeting including:-

1. Roads Maritime Services Representative; 2. City of Ryde, Director - City Works and Infrastructure and Traffic Engineers; 3. Hon. Anthony Roberts MP; 4. Ryde East Public School, Parents & Citizens Association and Ms Kat Everett.

(c) That the Council give due consideration for a road safety improvement plan which includes measures for increased visibility for pedestrians and school children at the Badajoz Road crossing.

(d) That, in addition to the existing refuge island, Council investigate the option for a

marked zebra crossing to replace the existing school crossing outside Ryde East Public School on Badajoz Road, including a speed hump for the safety of the Ryde East Public School and pedestrians.

(e) That Council explore the option to remove the Zebra crossing at the Twin

Road/Badajoz Road roundabout.

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Notices of Motion Page 53

NOTICES OF MOTION (continued)

Agenda of the Council Meeting No. 3/16, dated Tuesday 22 March 2016.

(f) That Council give consideration to widening the "Kiss and Drop" Zone area by a

metre, to alleviate traffic congestion during critical pick up and drop off times. (g) That Council, as a matter of urgency, investigate the road safety concerns

affecting the Ryde East Public School community and provide a comprehensive report to Councillors outlining proposed road safety improvements with an indication of a timeframe for implementation.

(h) That Council liaise with the relevant sources to discuss funding of the road

safety improvements including the RMS and the Hon. Anthony Roberts MP. (i) That Council facilitate a road safety educational program for parents at the

school working in conjunction with Ms Kat Everett and the P&C. (j) That the minutes of the initial meeting and any other meeting be provided to all

Councillors.


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