Council Minutes
14 March 2017
MINUTES OF THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF LISMORE HELD IN
COUNCIL CHAMBERS ON TUESDAY, 14 MARCH 2017 AT 6.00PM
Please note: These minutes are subject to confirmation at the next Council meeting. Decisions
recorded in the draft minutes are subject to the Council’s Code of Meeting Practice in relation to
rescinding decisions.
Present
Mayor, Councillor Smith; Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
Lloyd, Marks and Moorhouse, together with the General Manager, Acting Executive
Director-Sustainable Development, Executive Director-Infrastructure Services, ManagerFinance, Media and Community Relations Coordinator, Manager Information Services,
Manager Integrated Planning, Customer Contact Coordinator, Senior Development
Assessment Officer (Planning), Manager Civic Services, Strategic Planning Coordinator,
Council Secretary and General Manager’s Executive Assistant.
Leave of Absence
Apologies and leave of Absence
23/17
RESOLVED that :
A leave of absence from Councillor Bennett from 18 March 2017 to 20 March 2017 and 5
June 2017 to 26 July 2017 be accepted.
A leave of absence from Councillor Guise from 27 April 2017 to 30 April 2017 and 3 July
2017 to 22 July 2017 be accepted.
A leave of absence from Councillor Bird from 19 April 2017 to 24 April 2017 be accepted.
A leave of absence from Councillor Cook from 22 April 2017 to 26 April 2017 be accepted.
(Councillors Marks/Lloyd)
Voting for:
Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
Lloyd, Marks, Moorhouse and Smith
Voting against:
Nil
Minutes of Previous Meeting
24/17
RESOLVED that the minutes of the Lismore City Council held on 14 February 2017 be
confirmed.
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14 March 2017
(Councillors Marks/Lloyd)
Voting for:
Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
Lloyd, Marks, Moorhouse and Smith
Voting against:
Nil
Disclosure of Interest
Disclosure of Interest
25/17
RESOLVED that:
Councillor Ekins declared a Non Pecuniary, Significant Conflict of Interest for the
following item:
12.1 Traffic Advisory Committee Minutes – Meeting of 15 February 2017 (Item:
TAC1/17).
Nature: Live in the street.
Councillor Guise declared a Non Pecuniary, Significant Conflict of Interest for the
following item:
12.1 Traffic Advisory Committee Minutes – Meeting of 15 February 2017 (Item:
TAC2/17).
Nature: NSW Health employee.
(Councillors Bird/Lloyd)
Voting for:
Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
Lloyd, Marks, Moorhouse and Smith
Voting against:
Nil
Public Access Session
Prior to dealing with the circulated reports and associated information, a Public Access
Session was held at which Council was addressed by the following:
Public Access Session
Notice of Rescission Motions
7.1 Rescission Motion on item 10.1 of the 14 Febraury 2017 Ordinary
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Council Meeting
AGAINST
Wayne Gregory
FOR
Desley Banks
FOR
Ros Irwin, Friends of Koala
Notices of Motion
8.3 Tree Register
AGAINST
FOR
Arthur Hyde
Matters Arising
Nil.
Reports
11.1 – DA16/100 Subdivision into 131 residential lots, 4 public
reserves and 1 residue parcel at Chilcotts Grass
AGAINST
FOR
Damian Chapelle, Newton Denny Chapelle
11.3 – Membership of Lismore Business Panel
AGAINST
Big Rob
FOR
At this juncture, Councillor Casson left the meeting.
At this juncture, Councillor Casson returned to the meeting.
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Notice of Rescission Motions
7.1 Rescission Motion on item 10.1 of the 14 February 2017 Ordinary Council
Meeting
26/17
A MOTION WAS MOVED that Council rescind its decision on item 10.1 of the 14 February
2017 Ordinary Council Meeting - review process for E-zones
(Councillors Ekins/Guise) (BP17/199)
On submission to the meeting the MOTION was DEFEATED.
Voting for:
Councillors Bird, Ekins, Guise and Lloyd
Voting against:
Councillors Battista, Bennett, Casson, Cook, Marks, Moorhouse
and Smith
Notice of Motions
8.1 Condolence for Byron Clement Stevens
27/17
RESOLVED that Council’s expressions of sympathy be conveyed to the family of Byron
Clement Stevens.
8.2 Review process for E-zones
On submission to the meeting, this Notice of Motion was DECLARED NULL by the Mayor,
with Rescission Motion item 7.1 on item 10.1 of the 14 February 2017 Ordinary Council
Meeting having been LOST.
That Council adopt the staff recommendation item 10.1 from the 14 February 2017
Ordinary Council Meeting Agenda being:
1.
Council adopt the Stage 1: Pre-Gateway Consultation and Preparation of Planning
Proposal process for the review of Deferred Matters (E Zones and Overlays) in the
Lismore Local Environmental Plan 2012 as outlined in option 3 of the report.
2.
On the basis of resolving (1) above Council accept the funding offer from the
Department of Planning and Environment of up to $40,000 for the review of the
Deferred Matters.
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8.3 Tree Register
A MOTION WAS MOVED that Council implement an online interactive street tree register.
(Councillors Guise/Lloyd) (BP17/211)
AN AMENDMENT WAS MOVED that council conduct a workshop regarding urban street
trees with a view to establishing a trees register within 6 months and options for funding in
the 2017/2018 budget.
(Councillors Guise/Lloyd) (BP17/211)
28/17
Voting for:
Councillors Ekins and Guise
Voting against:
Councillors Battista, Bennett, Bird, Casson, Cook, Lloyd, Marks,
Moorhouse and Smith
On submission to the meeting the FORESHADOWED AMENDMENT was APPROVED
and became the MOTION.
RESOLVED that council conduct a workshop regarding urban street trees with a view to
including the tree register in the Community Strategic Plan and options for funding in the
2018/2019 budget.
(Councillors Ekins/Marks) (BP17/211)
Voting for:
Councillors Bird, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse and
Smith
Voting against:
Councillors Battista, Bennett and Casson
At this juncture, Councillor Casson left the meeting.
At this juncture, Councillor Casson returned to the meeting.
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Matters Arising
At this juncture, Councillor Battista left the meeting.
10.1 Roads Service Review Update March 2017
29/17
RESOLVED that :
1. Council note the updates provided on the progress of the Roads Service Review.
2. A survey of original staff respondents be undertaken and results reported.
3. Metrics reporting on all Key Performance Indicators be provided to Council in
September 2017.
(Councillors Marks/Moorhouse) (BP17/1)
Voting for:
Councillors Bennett, Bird, Casson, Cook, Ekins, Guise, Lloyd,
Marks, Moorhouse and Smith
Voting against:
Nil
At this juncture, Councillor Battista returned to the meeting.
10.2 Investments - February 2017
30/17
RESOLVED that the report be received and noted.
(Councillors Cook/Marks) (BP17/2)
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Councillors Bennett and Casson
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Altering Order of Business (Consideration of altering the order of
business to debate matters raised during Public Access)
Altering Order of Business
The order of business was changed by the Mayor for item 8.1 Condolence for Byron
Clement Stevens to be read prior to meeting proceedings.
31/17
RESOLVED that:
The order of business be altered to debate the following matters raised during Public
Access.
The order of business was changed by the Mayor for the order of Reports to be tabled,
Item 11.2 DA16/100 Subdivision into 131 residential lots, 4 public reserves and 1 residue
parcel at Chilcotts Grass and item 11.3 Membership of Lismore Business Panel were
moved prior to item 11.1 Reconciliation Action Plan.
(Councillors Battista/Marks)
Voting for:
Councillors Battista, Bennett, Bird, Casson, Cook, Ekins, Guise,
Lloyd, Marks, Moorhouse and Smith
Voting against:
Nil
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Reports
At this juncture, Councillor Moorhouse left the meeting.
At this juncture, Councillor Moorhouse returned to the meeting.
11.2 DA16/100 Subdivision into 131 residential lots, 4 public reserves and 1 residue
parcel at Chilcotts Grass
A MOTION WAS MOVED that:
1.
Development Application No. 2016/100 lodged on 14 April 2016 for the subdivision of
land at 5 and 5a George Drive; 123 Taylor Road; 6, 8, 9 and 11 Willow Tree Drive,
Chilcotts Grass to create 133 residential allotments, four (4) public reserves and one
residue parcel, including associated public road network and infrastructure services,
bulk earthworks, vegetation management works and demolition/relocation of a
dwelling be approved subject to the imposition of conditions in Attachment 1
attached to this assessment report.
(Councillors Battista/Marks) (BP17/13)
A FORESHADOWED AMENDMENT WAS MOVED that:
1.
Development Application No. 2016/100 lodged on 14 April 2016 for the subdivision of
land at 5 and 5a George Drive; 123 Taylor Road; 6, 8, 9 and 11 Willow Tree Drive,
Chilcotts Grass to create 133 residential allotments, four (4) public reserves and one
residue parcel, including associated public road network and infrastructure services,
bulk earthworks, vegetation management works and demolition/relocation of a
dwelling be approved subject to the imposition of conditions in Attachment 1
attached to this assessment report.
2.
Condition 64 be amended to read ‘2.5m’ instead of ‘1.5m’.
(Councillors Guise/Ekins) (BP17/13)
Voting for:
Councillors Ekins and Guise
Voting against:
Councillors Battista, Bennett, Bird, Casson, Cook, Lloyd, Marks,
Moorhouse and Smith
An AMENDMENT to the MOTION lapsed due to want of a seconder.
1. Development Application No. 2016/100 lodged on 14 April 2016 for the subdivision
of land at 5 and 5a George Drive; 123 Taylor Road; 6, 8, 9 and 11 Willow Tree
Drive, Chilcotts Grass to create 133 residential allotments, four (4) public reserves
and one residue parcel, including associated public road network and infrastructure
services, bulk earthworks, vegetation management works and demolition/relocation
of a dwelling be approved on a deferred commencement basis subject to the
imposition of conditions in Attachment 1 attached to this assessment report,
and the following deferred commencement condition:
DEFERRED COMMENCEMENT CONDITION
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This consent shall not operate until the following deferred commencement condition has
been satisfied.
Evidence required to satisfy this condition must be submitted to Council within 24 months
of the date of this consent, or the consent will lapse in accordance with Section 95 of the
Environmental Planning and Assessment Regulation 2000.
Deletion of Retaining Wall
Amended plans are to be provided to the written satisfaction of Council indicating all
relevant engineering details for the construction of the road in the south-east corner of the
site to ensure that no retaining structures are required to support the road adjacent to the
Southern Trunk Main alignment and also demonstrate compliance with the provisions of
the Northern Rivers Development & Design Manual and Council's Standard Drawings.
AND the following additional operational condition:
Construction details demonstrating compliance with the amended plans approved in writing
by Council to comply with the deferred commencement condition shall be submitted with
the Construction Certificate application for approval by the Certifying Authority.
32/17
RESOLVED that:
1. Development Application No. 2016/100 lodged on 14 April 2016 for the subdivision
of land at 5 and 5a George Drive; 123 Taylor Road; 6, 8, 9 and 11 Willow Tree
Drive, Chilcotts Grass to create 133 residential allotments, four (4) public reserves
and one residue parcel, including associated public road network and infrastructure
services, bulk earthworks, vegetation management works and demolition/relocation
of a dwelling be approved subject to the imposition of conditions in Attachment 1
attached to this assessment report.
(Councillors Battista/Marks) (BP17/13)
Voting for:
Councillors Battista, Bennett, Bird, Casson, Cook, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Councillors Ekins and Guise
At this juncture, Councillor Guise left the meeting.
At this juncture, Councillor Guise returned to the meeting.
11.3 Membership of Lismore Business Panel
A MOTION WAS MOVED that Council:
1.
Adopt the recommendations of the Lismore Business Panel Selection Committee by
appointing the following people to the unassigned positions on the Lismore Business
Panel being:
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a)
b)
c)
d)
e)
f)
Michael Haddin (City Centre Zone representative);
Kaylene Hopf (City Centre Zone representative);
Peter Fowler (City Centre zone representative);
Nathan White (City Centre zone representative);
Deborah Benhayon (Outer Zone B representative);
Jamie Fell (Outer Zone B representative).
2.
Accept the recommendation of the Selection Committee that Outer Zones A and B
be re-assessed as part of the next Lismore Business Promotion Program Business
Plan to be completed in 2018 and be reported to Council in due course.
3.
Note the three assigned positions representing the Stella Network, the Lismore
Chamber of Commerce and Industry and Lismore Shopping Square, as well as
Councillor Gianpiero Battista and the Executive Director Sustainable Development,
Brent McAlister (non-voting member) as appointed Council representatives of the
Lismore Business Panel.
(Councillors Battista/Bird) (BP17/174)
On submission to the meeting the AMENDMENT was DEFEATED.
That Council:
1.
Adopt the recommendations of the Lismore Business Panel Selection Committee by
appointing the following people to the unassigned positions on the Lismore Business
Panel being:
a)
Michael Haddin (City Centre Zone representative);
b)
Kaylene Hopf (City Centre Zone representative);
c)
Peter Fowler (City Centre zone representative);
d)
Nathan White (City Centre zone representative);
e)
Jamie Fell (Outer Zone B representative).
2.
Accept the recommendation of the Selection Committee that Outer Zones A and B
be re-assessed as part of the next Lismore Business Promotion Program Business
Plan to be completed in 2018 and be reported to Council in due course.
3.
Note the three assigned positions representing the Stella Network, the Lismore
Chamber of Commerce and Industry and Lismore Shopping Square, as well as
Councillor Gianpiero Battista and the Executive Director Sustainable Development,
Brent McAlister (non-voting member) as appointed Council representatives of the
Lismore Business Panel.
(Councillors Casson/Bennett) (BP17/174)
Voting for:
Councillors Bennett, Bird and Casson
Voting against:
Councillors Battista, Cook, Ekins, Guise, Lloyd, Marks, Moorhouse
and Smith
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33/17
RESOLVED that:
1.
Adopt the recommendations of the Lismore Business Panel Selection Committee by
appointing the following people to the unassigned positions on the Lismore Business
Panel being:
a)
Michael Haddin (City Centre Zone representative);
b)
Kaylene Hopf (City Centre Zone representative);
c)
Peter Fowler (City Centre zone representative);
d)
Nathan White (City Centre zone representative);
e)
Deborah Benhayon (Outer Zone B representative);
f)
Jamie Fell (Outer Zone B representative).
2.
Accept the recommendation of the Selection Committee that Outer Zones A and B
be re-assessed as part of the next Lismore Business Promotion Program Business
Plan to be completed in 2018 and be reported to Council in due course.
3.
Note the three assigned positions representing the Stella Network, the Lismore
Chamber of Commerce and Industry and Lismore Shopping Square, as well as
Councillor Gianpiero Battista and the Executive Director Sustainable Development,
Brent McAlister (non-voting member) as appointed Council representatives of the
Lismore Business Panel.
(Councillors Battista/Bird) (BP17/174)
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Councillors Bennett and Casson
At this juncture, Councillor Casson left the meeting.
11.1 Reconciliation Action Plan
34/17
RESOLVED that :
1.
Council adopt the 2017 – 2018 Reconciliation Action Plan as attached.
(Councillors Marks/Bird) (BP16/432)
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Councillor Bennett
At this juncture, Councillor Casson returned to the meeting.
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At this juncture, Councillor Casson left the meeting.
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Committee Recommendations
12.1 Traffic Advisory Committee Minutes - Meeting of 15 February 2017
35/17
RESOLVED that the minutes be received and adopted and the recommendations
contained therein be adopted.
(Councillors Marks/Moorhouse) (BP17/213)
Voting for:
Councillors Battista, Bennett, Bird, Cook, Ekins, Guise, Lloyd,
Marks, Moorhouse and Smith
Voting against:
Nil
Documents for Signing and Sealing
13.1 Documents for Signing and Sealing
36/17
RESOLVED that:
The seal of Council be affixed to the following documents:
P25232 / P16028
Amended
Outdoor
Dining
Licence
Agreement
with
Catello Sersale to increase the outdoor dining area from 6.5m2 over the Cullen Street
footpath adjacent to the premises known as Armonica, 2/50 Cullen Street, Nimbin, being
Lot B in DP 402778 to 18.5m2 to allow the licensee to utilise the recently upgraded blister
for the licence period from 1 August 2016 to 31 July 2018 at a Tier 1 annual rental
according to the 2016/17 Fees and Charges, CPI indexed per annum.
P10384 / P2969
New Licence Agreement with Martyn Clapp for the business
known as Auto Top Trade to formalise the business’ use of part of 51A Dawson Street,
Lismore being Lot 2 in DP 524030 for parking and storage of used vehicles for sale. The
area involved is part of the Council owned vacant land located behind the premises. The
proposed licence period is from 1 April 2017 to 31 March 2022 with a clause allowing
Council to terminate the agreement should the land be required for a public purpose. The
proposed licence fee is $150 plus GST per week, CPI indexed per annum.
P31852
Renewal of Licence Agreement with Alan Virtue for the business known as
Firewood Sales which operates from part of 313 Wyrallah Road, Monaltrie being Part Lot 2
in DP 1213261. The existing Licence Agreement contained a clause giving Council the
discretion to grant a five year term. The licence period is from 1 February 2017 to
31 January 2022 at an annual fee of $1,924 including GST, CPI indexed per annum.
(Councillors Bird/Marks) (BP17/163)
Voting for:
Councillors Battista, Bennett, Bird, Cook, Ekins, Guise, Lloyd,
Marks, Moorhouse and Smith
Voting against:
Nil
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At this juncture, Councillor Bennett left the meeting.
Financial Assistance – Section 356
14.1 Financial Assistance – Section 356 Report
37/17
RESOLVED that:
In accordance with Section 356(1) of the Local Government Act 1993, the assistance to
persons as listed above is hereby approved.
(Councillors Marks/Bird) (BP17/202)
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Nil
Confidential Matters – Closed Council Meeting
38/17
RESOLVED that Council now exclude the press and public and meet in Closed Council to
consider the following matters;
Item
15.1 Compliance Matters - Unlawful Quarry Activity - Henson
Road - Wyrallah
Grounds for Closure Section 10A(2) (g):
Public Interest
Discussion of this matter in an open meeting would on balance be
contrary to the public interest because it relates to: advice
concerning litigation, or advice that would otherwise be privileged
from production in legal proceedings on the ground of legal
professional privilege.
Item
15.2 General Manager Performance Review 2016/2017 Mid-term
Monitoring February 2017
Grounds for Closure Section 10A(2) (a):
Public Interest
Discussion of this matter in an open meeting would on balance be
contrary to the public interest because it relates to: personnel
matters concerning particular individuals (other than councillors).
(Councillors Marks/Cook)
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Nil
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Resumption of Open Council
When the Council had resumed its former sitting, the Mayor reported that Council, meeting
in Closed Council, had RECOMMENDED:
15.1 Compliance Matters - Unlawful Quarry Activity - Henson Road - Wyrallah
RESOLVED that:
1. Council concurs with the issuing of Penalty Infringement Notices by Council staff to a
total value of $6,000 to Mr Ken Allport for the offences identified below in relation to
unlawful extraction and transportation of extractive material from a former quarry site at
105 Henson Road, Wyrallah, being:
 the undertaking of development without consent in November 2016, and
 the undertaking of development without consent in December 2016
(Councillors Marks/Cook) (BP17/207)
Voting for:
Councillors Battista, Bird, Casson, Cook, Ekins, Guise, Lloyd,
Marks, Moorhouse and Smith
Voting against:
Nil
At this juncture, Councillor Casson left the meeting.
15.2 General Manager Performance Review 2016/2017 Mid-term Monitoring February
2017
RESOLVED that the report of the General Manager’s performance over the six months to
31 December 2016 be noted.
(Councillors Lloyd/Bird) (BP17/241)
39/17
Voting for:
Councillors Battista, Bird, Cook, Ekins, Guise, Lloyd, Marks,
Moorhouse and Smith
Voting against:
Nil
RESOLVED that the Mayor’s report of Council meeting in Closed Council be received and
adopted.
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Closure
This concluded the business and the meeting terminated at 9:30 pm.
CONFIRMED this > of > 201> at which meeting the signature herein was subscribed.
______________________________
MAYOR
Lismore City Council
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