Ordinary Council 23 July 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 – Open Space & Urban
Services, Acting Executive Manager – Human Services, Coordinator –
Strategic Planning and Manager – Governance.
DECLARATIONS OF INTEREST: Nil
CONFIDENTIAL ITEMS
Pursuant
to section 10A(4), the public were invited to make representations to the
council meeting before any part of the meeting is closed, as to whether that
part of the meeting should be closed to consider:
Potential Acquisition of Land
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It is recommended that the Council close so much of the
meeting to the public as provided for under Section 10A(2) (c) of the Local
Government Act, 1993, on the grounds that the report contains information
that would, if disclosed, confer a commercial advantage on a person with whom
the council is conducting (or proposes to conduct) business; it further being
considered that discussion of the matter in open meeting would be, on
balance, contrary to public interest by reason of the foregoing and The
report identifies the site for possible acquisition and likely costs..
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No members of the public made representations.
CLOSED
COMMITTEE
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110
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RESOLVED
on the motion of Councillors Bennison
and Brooks-Horn that:-
1. Council
resolve into Closed Committee to consider the business identified above;
2. Pursuant
to section 10A(1)-(3) of the Local Government Act 1993, the media and
public be excluded from the meeting on the basis that the business to be
considered is classified confidential under the provisions of section 10A(2)
as outlined above; and
3. The
correspondence and reports relevant to the subject business be withheld from
access to the media and public as required by section 11(2) of the Local
Government Act 1993.
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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).
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Closed
Committee commenced at 6:32pm. The public and media left the
chamber.
Open
Council resumed at 7:20pm. The public
and media were invited into the chamber.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the General Manager.
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.
Confidential Items
The General Manager read the recommendations of the Item/s
considered in Closed Committee prior to Council’s consideration:
Potential Acquisition of Land
It is recommended that the
Council close so much of the meeting to the public as provided for under Section
10A(2) (c) of the Local Government Act, 1993, on the grounds that the report
contains information that would, if disclosed, confer a commercial advantage
on a person with whom the council is conducting (or proposes to conduct)
business; it further being considered that discussion of the matter in open
meeting would be, on balance, contrary to public interest by reason of the
foregoing and The report identifies the site for possible acquisition and
likely costs..
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111
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RESOLVED on the motion of
Councillors Brooks-Horn and Brent that Council proceed as discussed in Closed
Committee.
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For the Motion were Councillors
Hutchens, Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Zbik and Morris
(Total 8).
Against the Motion was Councillor Vissel (Total 1).
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SUSPENSION
OF STANDING ORDERS
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112
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RESOLVED
on the motion of Councillors Brooks-Horn and Strassberg 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.
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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).
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PUBLIC
FORUM
Merri Southwood of Greenwich on behalf of the Greenwich
Community Association supporting “Notice of Motion - Community
Consultation Concerning the St Leonards Crows Next Priority Precinct as a Whole”.
Doug Stuart of Longueville:-
·
Supporting the “Notice of Motion - Community
Consultation Concerning the St Leonards Crows Next Priority Precinct as a Whole”;
·
Requesting additional information be exhibited regarding the expected
outcome of the VPA for 56-60 Burns Bay Road;
·
Urging Council to apply for funding for the preparation of Plans
of Management for Crown Land in the LGA and seek assurances that present zoning
of Crown Land will be retained; and
·
Requesting the new Development Application for 266 Longueville
Road be put on public exhibition prior to completion of the report by the
independent assessor.
Liz Walton of Greenwich expressing concern with the extent
of population growth throughout the Local Government Area.
Penny Mabbut of Greenwich supporting “Notice of
Motion - Community Consultation Concerning the St Leonards Crows Next
Priority Precinct as a Whole”.
Jacky Barker of Lane Cove:-
·
Thanking Council for supporting more funding for libraries and
requesting Council investigate improved WiFi in the Lane Cove Library;
·
Requesting Council reinstate the reporting of formal complaints
and enhance reporting in relation to community consultation in the monthly
Snapshot;
·
Expressing concerns in relation to community consultation in
relation to DA’s and the proposed VPA for 56-60 Burns Bay Road;
Anita Jubian of St Leonards supporting “Notice of
Motion - Community Consultation Concerning the St Leonards Crows Next Priority
Precinct as a Whole”.
Peter Sweeney of Greenwich expressing dissatisfaction with the
application of Council’s Community Engagement Policy with respect to St
Leonards South.
John Southwood of Greenwich clarifying that the previous
speaker was referring to the need for Council to comply with its
Community Engagement Policy for the St Leonard’s Planned Precinct and
supporting “Notice of Motion - Community Consultation Concerning the
St Leonards Crows Next Priority Precinct as a Whole”.
RESUMPTION
OF STANDING ORDERS
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113
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RESOLVED on the motion of
Councillors Brent and Brooks-Horn that Standing Orders be resumed.
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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).
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CONFIRMATION
OF MINUTES OF ORDINARY COUNCIL MEETING - 18 JUNE 2018
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114
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RESOLVED
on the motion of Councillors Brooks-Horn and Hutchens that the minutes of
the Ordinary Council meeting held on the 18 June 2018 be received.
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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).
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115
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RESOLVED on the motion of Brooks-Horn
and Brent that the minutes of the Ordinary Council meeting held on the 18
June 2018 be confirmed.
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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).
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Notices of Motion
Notice of Motion - Community Consultation
concerning the St. Leonards Crows Nest Priority Precinct as a whole
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MOTION
A Motion was moved by Councillors
Vissel and Morris that:-
1. In
order to inform Council’s response to the Department of Planning in
respect of the draft LUIIP for the St Leonards Crows Nest Planned Precinct,
Council to commence a process of ongoing consultation with the community of
East Ward to seek input from the community as to the future development of the
St Leonards Crows Nest Planned Precinct. This consultation is to be in
addition to the two community consultation sessions after release of the
LUIIP as foreshadowed in the Council resolution of 19 March 2018; and
2. This
community consultation be in the form of a facilitated community workshop
where the community’s views can be recorded.
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Foreshadowed Motion
A Foreshadowed Motion was moved
by Councillors Palmer and Bennison that Council request an extension to the
exhibition period of the Draft LUIIP to allow at least 12 weeks for the
community consultation so that Council can incorporate community feedback
into its submission on the Draft LUIIP.
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Upon being put to the meeting the
motion was lost
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For the Motion were Councillors
Vissel, Zbik, Morris and Strassberg (Total 4).
Against the Motion were Councillors Hutchens, Palmer,
Bennison, Brent and Brooks-Horn (Total 5).
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The Foreshadowed Motion became
the motion
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116
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Upon being put to the meeting the
motion was declared carried.
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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).
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Officer Reports for Determination
NSW Public Library Funding
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117
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RESOLVED on the motion of
Councillors Brent and Hutchens that Council:-
1. Endorse
the NSW Public Libraries Association and Local Government NSW library funding
advocacy initiative, Renew Our Libraries;
2. Make
representation to the local State Member, the Hon, Anthony Roberts MP, in
relation to the need for additional funding from the NSW State Government for
the provision of public library services;
3. Write
to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord,
Shadow Minister for the Arts, calling for bi-partisan support for the
provision of a significant increase in state funding for NSW public
libraries, supported by a sustainable future funding model;
4. Endorse
the distribution of the NSW Public Libraries Association and Local Government
NSW library funding advocacy initiative information in Lane Cove libraries,
as well as involvement in actions arising from the initiative; and
5. Advise
the NSW Public Libraries Association and Local Government NSW that Council
has endorsed the library funding advocacy initiative.
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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).
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Voluntary Planning Agreement - 56-60
Burns Bay Road, Lane Cove
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118
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RESOLVED on the motion of
Councillors Brooks-Horn and Strassberg that:-
1. The
report be received and noted;
2. Council
give notice of its intention to enter into a Voluntary Planning Agreement as
outlined in the report with the developer of the subject site in accordance
with the consultation strategy outlined in the report in conjunction with the
Development Application;
3. Council
delegate authority to the General Manager to agree on the rate within the
range of $2,600-$3,000 per sqm of GFA prior to giving notice of the intention
to enter into a Voluntary Planning Agreement;
4. Following
the community consultation, a further report be submitted to Council for
determination;
5. Council
undertake a study to develop options for Sera Street to deliver a higher
level of functionality and safety as a road and provide appropriate access
for properties should the ‘Coles site’ redevelopment proceed and
when completed, a report be submitted to Council prior to undertaking
Community Consultation; and
6. Council
seeks legal advice as to whether the Voluntary Planning Agreement can enable
transfer of land ownership back to Council in the event the future Strata
Scheme is dissolved in the future.
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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).
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Financial Assistance Grants 2018-2019
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MOTION
A Motion was moved by Councillors
Vissel and Brent that Council:-
1. Having
considered the submissions received during the Public Exhibition, proceed
with grants as adopted by Council on 21 May, 2018;
2. Not
proceed with a Financial Assistance Grant to the Shepherd Centre for
2018-2019;
3. Proceed
with a Financial Assistance Grant to Multiple Sclerosis Inc for 2018-2019 on
the conditions that this is a one off seed funding and that a report on
utilisation of the grant be provided;
4. Give
Public Notice of the proposed Financial Assistance Grant to Multiple
Sclerosis Inc, and subject to no objections being received, grant the funds;
and
5. Provide
a table on the website in future years outlining the amount of funds and what
they will be spent on for applicants receiving over $10,000 during the Public
Exhibition period.
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Foreshadowed Motion
A Foreshadowed Motion was moved
by Councillors Bennison and Hutchens that Council:-
1. Having
considered the submissions received during the Public Exhibition, proceed
with grants as adopted by Council on 21 May, 2018;
2. Not
proceed with a Financial Assistance Grant to the Shepherd Centre and Multiple
Sclerosis Inc for 2018-2019; and
3. Provide
a table on the website in future years outlining the amount of funds and what
they will be spent on for applicants receiving over $10,000 during the Public
Exhibition period.
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119
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Upon being put to the meeting the
Motion was declared carried.
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For the Motion were Councillors
Palmer, Brent, Vissel, Zbik and Morris (Total 5).
Against the Motion were Councillors Hutchens, Bennison,
Brooks-Horn and Strassberg (Total 4).
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The Foreshadowed Motion lapsed
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Local Government Conference NSW 2018
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120
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RESOLVED on the motion of
Councillors Bennison and Brooks-Horn that Council:-
1. Submit
the motions outlined in the report for debate at the 2018 Local Government
NSW Annual Conference with the addition of the following motions:-
a)
“That LGNSW include in its annual report the
following additional information:
Controlled
Entities:
Entities that
are controlled to have a copy of their respective Profit and Loss and Balance
Sheet either included into the notes or added as an attachment;
·
Local Government Procurement Partnership
·
Local Government Procurement Pty Ltd
·
LGP (LGA NSW) Pty Ltd
·
LGP (SA NSW) Pty Ltd
·
LGP (LGA NSW) Trust
·
LGP (SA NSW) Trust
·
Other related entities.
Remuneration
Total Remuneration
of all board members including their appointment to external Boards.
Related
Party Disclosure
Notwithstanding
the elimination entries on consolidation, a table detailing transactions
between related entities that include, loans, distributions, management fees
and other transactions.
Appointment
to External Boards
Table
indicating the names of Councillors appointed to external boards, their term
and remuneration.”; and
b)
That LGNSW call on the NSW Government to undertake a formal review of the
10/50 vegetation clearing scheme including:
i. an assessment of the
effectiveness of the entitlement areas in reducing bushfire hazard to people
and property.
ii. an assessment of the impacts of
the introduction of the 10/50 vegetation clearing code on tree canopy cover
in entitlement areas.
iii. an appraisal of reducing the
entitlement area noting the implications of reduced canopy cover
iv. Any unintended / unforeseen
consequences on vegetation resulting from the introduction of the
scheme.”
2. Authorise the
attendance of all Councillors wishing to attend the Local Government
Conference and Council’s four (4) voting delegates be the Mayor, Deputy
Mayor and Councillors Bennison and Vissel.
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Councillor Brent left the meeting
at 8:48pm
Councillor Brent returned to the
meeting at 8:50pm
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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).
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Sydney Planning Summit
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121
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RESOLVED on the motion of
Councillors Palmer and Brooks-Horn that Councillors Palmer, Vissel and Brent be
authorised to attend the Sydney Planning Summit on 28-29 November 2018.
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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).
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Officer Reports for Information
Changes to the Management of Crown Reserves
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122
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RESOLVED on the motion of
Councillors Brooks-Horn and Brent that the report be received and noted.
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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).
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Local Government Superannuation Scheme
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123
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RESOLVED on the motion of
Councillors Bennison and Brooks-Horn that this item be deferred to the August
meeting with the following additional information to be provided:-
1.
All information / documentation that Council has prepared on this
matter;
2.
What legal instrument commits Council to these ongoing obligations;
and
3.
Whether or not there are options to opt out of such obligations and
what the process involved would be and its implications.
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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).
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Council Snapshot
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124
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RESOLVED on the motion of
Councillors Brooks-Horn and Brent that the report be received and noted.
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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).
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CLOSE
The meeting closed at 9:13pm.
Confirmed at the Ordinary Council Meeting of Monday, 20
August 2018, at which meeting the signature herein is subscribed.
MAYOR
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MINUTES *********