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Minutes

Ordinary Council Meeting

18 June 2018, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 18 June 2018

Minutes

 

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

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Acting Executive Manager – Human Services, Director – Major Projects, Coordinator – Strategic Planning, Strategic Planners (2) and Manager – Governance.

 

DECLARATIONS OF INTEREST: Nil

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Liet. Brad McIver of The Salvation Army.

 

Lieut. McIver presented Council with a Certificate of Appreciation in recognition of Council’s volunteering efforts for The Salvation Army.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

SUSPENSION OF STANDING ORDERS

91

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

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Don Murchison of Greenwich requesting Council consider the merit of a shared user pathway from 266 Longueville Road to the entrance of Lane Cove Golf Course for safe access of elderly and requesting action being taken against vandalism of shared bikes. 

Ian Pope of Lane Cove requesting Council exercise care in the appointment of representatives to the Sydney North Planning Panel and consider the interests of all local residents when undertaking these appointments.

Ron Gedeon of Greenwich requesting further information and reasons for Council suggesting that the Pathways site be rezoned to B4, including any economic modelling that supports this.

Doug Stuart of Longueville commenting on the Northwood Shops Planning Proposal 29 supporting the need for upgrading the site, providing suggestions including to maintain height restrictions to the 10 metre rear buffer requirement set out in Council’s DCP and the importance of communal facilities being set back from Longueville Road.

Ajaya Jayarao of Northwood commenting on the Northwood Shops Planning Proposal 29 requesting Council uphold the principles, guidelines and regulations set out in Council’s planning instruments when determining this Proposal.

Michael Guthrie of Northwood requesting Council consider the cumulative impact of proposed developments at Northwood when considering the Northwood Shops Planning Proposal 29. 

David Gleeson of Longueville commenting on the Northwood Shops Planning Proposal 29, requesting Council consider the bigger picture, how all of the three proposed major developments impact each other and how issues such as access, egress and traffic flow can be managed appropriately including alternative access points.

Jenny Schneller of Northwood commenting on Northwood Shops Planning Proposal 29, requesting the rear buffer zones adjoining the SEPP19 bushland be maintained at 10m, that the reference to 6m be removed and that the two (2) turpentine trees on the site be retained.  Also objecting to the RL 67m expressing concern that the tree canopy skyline would be replaced with buildings.

Judy Balint of Longueville requesting Council look at the strategic impact of all the proposed developments in the Northwood area to ascertain the cumulative social and environmental impacts of all proposals and to ensure appropriate infrastructure is in place.

Jacky Barker of Lane Cove:-

·         Thanking Council and NSW Health for the refurbishment of the Early Childhood Centre, the installation of defibrillators at local sportsgrounds and the new Gallery Lane Cove and Creative Studios;

·         In relation to the ‘budget papers’, requesting that longer library hours be implemented and expressing concern in relation to the effectiveness of Council’s community consultation process;

·         Expressing concern in relation to delays in uploading relevant Development Application documents to Council’s website and links available on Council’s website; and

·         Commenting on potential impacts of the Northwood Shops Planning Proposal 29.

Juliet Grant on behalf of the Applicant, Pathways Residences, supporting the Northwood Shops Planning Proposal 29 highlighting the proposed benefits and clarifying points in relation to traffic access, height limits and the rear setback. 

 

RESUMPTION OF STANDING ORDERS

92

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

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MAY 2018

93

RESOLVED on the motion of Councillors Brooks-Horn and Brent that the minutes of the Ordinary Council meeting held on the 21 May 2018 be received.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

94

RESOLVED on the motion of Councillors Brooks-Horn and Vissel that the minutes of the Ordinary Council meeting held on the 21 May 2018 be confirmed.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 


 

Notices of Motion

 

Reducing and phasing out single use plastic items

95

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

1.   Conduct a review of the consumption of single-use plastics such as plastic drinking straws, plastic bottles, plastic cups, plastic crockery and cutlery, plastic bags and any other single-use plastic items at all Council venues and Council supported and sponsored events;

2.   Make suggestions of how Council can show leadership by reducing and where appropriate phase out the consumption of all single-use plastic items at all Council venues and Council supported and sponsored events;

3.   Provides a report back to Council later this year to consider the adoption of any initiatives that have been identified to help reduce and where appropriate phase out the consumption of single-use plastic items; and

4.   Includes in the report (at point 3 above) a list of possible alternative products that can be used at Council supported and sponsored events and their costs, with a comparison against current product costs and single use items.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Northwood Shops Planning Proposal 29 - Public Exhibition

 

Further correspondence from the proponent, Pathways Residences, dated 18 June 2018 was tabled at the meeting and considered in conjunction with this item.

96

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

1.   Not support the Planning Proposal as exhibited on the following grounds:-

a)    The  3 metre rear buffer to the adjoining SEPP19 bushland (zoned E2) is opposed by NSW Office of Environment & Heritage (OE&H), and it has not been demonstrated that the adjacent bushland can be adequately protected by the proposed 3m wide buffer;

b)    Offset planting is required by OE&H on-site if two turpentine trees are removed;

c)    NSW OEH have confirmed that the impacts on the adjoining SEPP19 bushland are not adequately addressed;

d)    Based on independent analysis of the proponent’s original urban design documents, the building envelope envisaged by the proposed floor space ratio and height control cannot be achieved;

e)    Council’s independent urban design analysis concludes that both the proponent’s height and floor space ratio are not suitably justified on urban design or planning grounds;

f)     Council’s independent urban design analysis has confirmed that a more modest scale would achieve a better built form and design outcome and further likely reduce overshadowing impacts on adjoining residential properties;

 

g)    The proponent’s amended urban design responses does not adequately address issues raised by Council’s independent urban design analysis, nor do they provide any justification for their proposed height and floor space ratio;

h)    The proposed scale is considered excessive and conflicts with the scale of the nearby Lane Cove Village;

i)     The proposed scale is inconsistent with other B1 Neighbourhood Centre zones;

j)     The fourth leg at the Kenneth/Northwood signalised intersection is opposed by the RMS;

k)    A single site entry/egress is requested at the southern end of the site by the RMS; and

l)     No public benefits are proposed to be delivered despite a development that seeks substantial uplift.

2.   Write to the proponent and request a new Planning Proposal and supporting documents be submitted to:-

a)   Rezone the entire subject site to B4 Mixed Use with a minimum commercial FSR (to be determined);

b)   Establish a single floor space ratio of 1:1 across the site, which may be increased up to 1.5:1 under the bonuses of the Seniors Housing SEPP;

c)   Establish a single height control limit of 9.5m across the site, with an Incentive Height of RL 66.25 metres only if the site is developed for Seniors Housing with vehicular access to be contained along the south eastern setback area;

d)   Provide a single site entry/egress at the southern end of the site, as requested by the NSW Roads and Maritime Services;

e)   Require a minimum 10m rear buffer as per Council’s DCP Part H be strictly adhered to, that the 10m be measured from the zone boundary not from the remnant bushland as commented by the OE&H and that the buffer area be replanted with native indigenous plants;

f)    Every effort be made to retain as many turpentine trees as possible on the site in accordance with the request of OE&H and should more than two (2) turpentine trees be removed, that these be replanted on the site in proportion to the number removed;

g)   Respond to the independent traffic analysis by Bitzios Peer Review;

h)   Clarify the exact nature of proposed through site links and provide more useable communal open space through an additional roof garden through the Draft Development Control Plan; and

i)    Give consideration at the development application (DA) stage to other issues raised in this Report, such as an appropriate contribution to a roundabout at the intersection of Northwood/River Road as proposed by the applicant of the previous planning proposal, which Council and the community favours to alleviate the impact of traffic resulting from this proposal.

3.   Should the proponent agree to these changes, apply to NSW Planning and Environment for an amended Gateway Determination which would allow an extension of time and a re-exhibition of this amendment;

4.   Acknowledge receipt of correspondence from the proponent, Pathways Residences, date 18 June and confirm that Councillors have read and considered said correspondence; and

5.   Forward a copy of this resolution to the Local Member and Minister for Planning, the Hon. Anthony Roberts MP, noting also the history of the previous planning proposals and what Council considers appropriate for the site.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Update - Girraween Park Planning Proposal

97

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

1.   Receive and note the report;

2.   Liaise with Land and Housing Corporation, Rural Fire Services and NSW Department of Planning and Environment as stated in the Gateway Determination; and

3.   Following public exhibition of the Planning Proposal, facilitate an independent public hearing into the reclassification of 1 Girraween Avenue, from Community land to Operational land.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Results of the Consultation on Councils Draft Community Strategic Plan, Liveable Lane Cove: 2035

98

RESOLVED on the motion of Councillors Bennison and Brent that the Draft Community Strategic Plan, Liveable Lane Cove: 2035, attached at AT-1, be adopted.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

COMMUNITY ENGAGEMENT POLICY

99

RESOLVED on the motion of Councillors Zbik and Vissel that Council conduct a workshop to review the Community Engagement Policy following the adoption of the Community Strategic Plan.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 


 

Results of the Consultation for the 2018-21 Draft Delivery Program, 2018/19 Draft Operational Plan, 2018/19 Draft Budget and 2018/19 Draft Fees and Charges 

100

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

1.   The revised Draft Delivery Program  2018-21, incorporating the Operational Plan 2018/19 shown attached as AT-1, revised Draft Budget 2018/19  shown attached as AT-2, revised Draft Fees and Charges 2018/19 shown attached as AT-3 and updated Long Term Financial Plan 2018-28 shown attached as AT-4, be adopted; and

2.   Council fix the Ordinary Rates and Charges for 2018/19 as:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.116571 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $867, to yield $18,361,556.

 (ii)    An Ordinary Business Rate of 0.635051 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $886 to yield $5,410,429.

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.199654 cents in the dollar be made for 2018/19 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $164,538.

b)    Domestic Waste Management Charges

(i)    In accordance with S.496 of the Local Government Act 1993, that an annual charge of $435.00 per annum be made for the year 2018/19 for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service.

(ii)   In accordance with S.496 of the Local Government Act 1993, that an annual charge of $115.00 per annum be made for the year 2018/19, for Domestic Waste Management Services for all properties categorised residential vacant land.

(iii)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.40 per service  be  made for the year 2018/19, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service).

(iv)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.40 per service be made for the year 2018/19, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties.

 

 

(v)   In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.40 per service be made for the year 2018/19, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties.

(vi)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.40 per service be made for the year 2018/19, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.80 per fortnightly service be made for the year 2018/19 for each extra recycling service to single residential dwellings.

c)    Stormwater Management Service Charge

       i.        In accordance with clauses 125A and 125AA of the Local Government (General)  Regulation 2005 and Section 496A of the Local Government  Act 1993, annual charges for the year 2018/2019 for Stormwater Management Services be made and levied as follows:

·      All parcels of vacant land.............................

Nil $ charge

·      All Residential Strata Units..........................

$12.50  per unit                      

·      All Residential Non Strata Properties..........

$25.00 per property

·      All Business Strata Units and Properties.....

$25.00 per unit or property

d)    Interest on Overdue Rates and Charges

In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2018 to 30 June 2019 to all outstanding rates and charges be calculated at the maximum interest rate currently 7.5% as specified by the Minister for Local Government.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Matter Arising

LOCAL GOVERNMENT SUPERANNUATION CONTRIBUTIONS

101

RESOLVED on the motion of Councillors Bennison and Palmer that a report be prepared for the next Council meeting providing an update on the additional contributions requested from Local Government Superannuation and the history in relation to the charge Council was levied from 2008.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 


 

Council Nominations for the Sydney North Planning Panel

102

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

1.   Council note the report and nominate Ms Deborah Sutherland and Mr Eugene Sarich as the Lane Cove Sydney North Planning Panel (SNPP) representatives and Ms Vivienne Albin as the alternate Lane Cove SNPP representative; and

2.   The Sydney North Planning Panel Secretariat be advised accordingly.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Woodford Bay Plaques

103

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

1.   Install the plaques at the intended locations; and

2.   Write to the adjoining property owners to inform them of Council’s decision.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Retrofit of Confiscated Bikes from Bike Share Companies

104

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

1.   The report be received and noted; and

2.   Council not proceed with the repurposing of impounded dockless bike share bicycles.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Local Government Remuneration Tribunal Determination for Councillor Fees

105

RESOLVED on the motion of Councillors Strassberg and Bennison that the following annual fees be paid to the Mayor and Councillors for 2018/19:-

·    Councillors $19,790; and

·    Mayor $43,150 (in addition to the Councillors fee).

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

May 2018 Traffic Committee Meeting

106

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 15 May 2018.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

China Sword Policy - the Impacts on Council

107

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

1.   The report be received and noted;

2.   Council delegate authority to the General Manager to negotiate and determine a variation to Council’s existing contract with URM for recycled materials, with the main deliverable will be to ensure Council’s recyclables continue to be accepted for recycling and processing and are not diverted to landfill;

3.   Council write to the Minister for the Environment and Local Government the Hon. Gabrielle Upton calling for the State Government to release further funds from the NSW Waste Levy to assist councils in meeting the current increased costs for recycling materials, to cushion the impact on communities; and

4.   Council write to Trent Zimmerman MP, Federal Member for North Sydney, to inform him of the above and ask for his assistance with finding a solution on a national level.

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Official Opening of Lane Cove Child and Family Health Centre and Lane Cove Creative Studios

108

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

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

Council Snapshot

109

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

 

For the Motion were Councillors Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 9).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:28pm.

 

Confirmed at the Ordinary Council Meeting of Monday 23 July 2018, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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