Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

3 December 2018, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

LC_WebBanner


Ordinary Council 3 December 2018

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, 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, Executive Manager – Human Services, Executive Officer to the General Manager, Coordinator – Strategic Planning and Manager – Governance.

 

DECLARATIONS OF INTEREST:

 

Councillor Vissel declared a non pecuniary conflict of interest that is significant later in the meeting in regards to item Y4 of the November 2018 Lane Cove Traffic Committee Meeting, “Fraser Street, Lane Cove North” as she is a resident of Fraser Street.  She advised she would vacate the chamber and not debate or vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillor K. Morris.

227

RESOLVED on the motion of Councillor Brent and Bennison that the apology be accepted and leave of absence be granted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Procedural Motion

228

RESOLVED on the motion of Councillors Palmer and Bennison that the Confidential Agenda item be moved to the end of the meeting and considered as the last agenda item.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Karen Paull of the Lane Cove Uniting Church.

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

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

 

SUSPENSION OF STANDING ORDERS

229

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

PUBLIC FORUM

Guy Hallowes of Lane Cove North, on behalf of the Stringybark Creek Residents Association in providing clarification as to the concerns raised by the Association in relation to LEP Amendment No. 27 for the rezoning of 1 Girraween Avenue particularly in relation to the height limit of 17.5 meters and the ability for the lower height proposed to be enforced.

Alasdair Stuart of Lane Cove in relation to LEP Amendment No. 27 for the rezoning of 1 Girraween Avenue requesting any rezoning encourage development that is in keeping with the area and does not set a precedent forcing the rezoning of the surrounding properties.

Diana Hallowes of Lane Cove North expressing concerns in relation to LEP Amendment No. 27 for the rezoning of 1 Girraween Avenue, requesting any rezoning be structured in such a way as to permit only the type of development outlined in concept drawings for the site.

Don Murchison of Greenwich tabling a video highlighting the pedestrian and cycling safety issues along River Road footpath and requesting Council pursue grant funding to widen the footpath to accommodate a shared user path.

John Hancocks on behalf of the Wollstonecraft Precinct, Committee for North Sydney and Overdevelopment We’re Over It Community Action Group, expressing concerns in relation to the Sydney Metro over station development concept proposal for Crows Nest and urging Council to object to the proposal.

Jacky Barker of Lane Cove highlighting the success of the Gold for Gunnedah Campaign and thanking all those who participated and expressing concerns in regards to the impact on parking resulting from swimming carnivals held at the Lane Cove Aquatic Centre during February.

Merri Southwood, on behalf of the Greenwich Community Association, supporting Council’s Planning Proposal in relation to the Medium Density Housing Code, expressing concerns in regards to the St Leonards South Planning Proposal and urging Council not to rely on the proposed development in this precinct in relation to housing targets for the Local Government Area.

Alan Winney of Greenwich, urging Council to consider the development potential of the significant sites identified in the State Governments St Leonards / Crows Nest Draft Plans to meet housing targets to allow more appropriate development in St Leonards South.

Peter Dean of Greenwich, providing clarification on the comments recorded in relation to an earlier speaker and tabling a copy of the speakers statement.

Doug Stuart of Longueville, supporting Council’s Planning Proposal in relation to the Medium Density Housing Code and urging Council to finalise its consultation and secure a decision on the proposal prior to the State Government Election in March 2019.

Sue Yelland of Wollstonecraft, highlighting the benefits of medium density development and suggesting that St Leonards South should be medium density.

Anita Jubian of St Leonards, expressing concerns in relation to high density development in St Leonards South and Council’s correspondence to the Department of Planning dated 30 October 2018.

Anthony Nolan of Lane Cove, thanking Council for its efforts in regards to the administration of the Local Government Area.

Arlette Jubian of Greenwich, expressing concerns in relation to high density development in St Leonards South and Council’s correspondence to the Department of Planning dated 30 October 2018 and requesting Council rescind this correspondence.

Penny Mabbutt of Greenwich, expressing concerns in relation to access given to Viva Energy Terminal at Greenwich during the 2017-18 New Years Eve festivities and requesting it not occur or residents be granted equal rights of access during the period.

 

RESUMPTION OF STANDING ORDERS

230

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 NOVEMBER 2018

231

RESOLVED on the motion of Councillors Brooks-Horn and Brent that the minutes of the Ordinary Council meeting held on the 19 November 2018 be received.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

232

RESOLVED on the motion of Councillor Brent and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 19 November 2018 be confirmed.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Mayoral Minutes

 

Mayoral Minute - Save Our Recycling Campaign

233

RESOLVED on the motion of Councillor Palmer that Council:-

1.   Endorse Local Government NSW’s campaign, Save Our Recycling, to realise the reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in waste minimisation, recycling and resource recovery;

2.   Make representation to the local State Member, the Hon. Anthony Roberts , in support of this campaign objective - for the NSW Government to commit to reinvest 100% of the Waste Levy in waste minimisation, recycling and resource recovery;

3.   Write to the Opposition Leader, the Hon Michael Daley MP, the Minister for Local Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking bipartisan support for the 100% reinvestment of the Waste Levy collected each year into waste minimisation, recycling and resource recovery;

4.   Promote the Local Government NSW Save Our Recycling campaign locally;

5.   Endorse the distribution and display of the Local Government NSW Save Our Recycling information on Council premises, as well as involvement in any actions arising from the initiative; and

6.   Formally advise Local Government NSW that Council has endorsed the Save Our Recycling advocacy initiative.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

Officer Reports for Determination

 

Open Space Rezoninigs in Mowbray Precinct, Planning Proposal No.27 - Post Consultation Report

 

MOTION

A Motion was moved by Councillors Bennison and Brooks-Horn that Council:-

1.   Receive and note the public submissions and the Public Hearing report;

2.   Resolve to proceed with the Planning Proposal as exhibited to:-

a.    Rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density Residential with a height limit of 17.5m and FSR of 1.6:1;

b.    Reclassify the land at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

c.    Rezone 552 Mowbray Road from R4 High Density Residential to RE1 Public Recreation; and

d.    Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”;

3.   Request the Department of Planning and Environment to finalise the draft LEP 2009 amendments as detailed in Recommendation 2 including obtaining any appropriate approval of the Governor under section 30(2) of the Local Government Act 1993; and

4.   Develop a Development Control Plan for the Girraween Avenue site based on the Department of Housing proposal.

 

AMENDMENT

An Amendment was moved by Councillors Vissel and Zbik that Council:-

1.   Receive and note the public submissions and the Public Hearing report;

2.   Resolve to proceed with the Planning Proposal as exhibited to:-

a.    Rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density Residential with a height limit of 14.5m and FSR of 1.6:1;

b.    Reclassify the land at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

c.    Rezone 552 Mowbray Road from R4 High Density Residential to RE1 Public Recreation; and

d.    Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”; and

3.   Request the Department of Planning and Environment to finalise the draft LEP 2009 amendments as detailed in Recommendation 2 including obtaining any appropriate approval of the Governor under section 30(2) of the Local Government Act 1993.

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Amendment was Councillor Vissel (Total 1).

Against the Amendment were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Zbik (Total 6).

234

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

Matter Arising

STRINGYBARK CREEK RESIDENTS ASSOCIATION SUBMISSION

235

RESOLVED on the motion of Councillors Zbik and Strassberg that Council note the correspondence that was received from the Stringybark Creek Residents Association regarding the accuracy of their submission to the Panel Hearing held on 14 November 2018.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Crows Nest Metro Rezoning Proposal

236

RESOLVED on the motion of Councillors Brent and Bennison that Council make a submission highlighting the following points:-

1.      The Design Excellence requirements should place an emphasis on appropriate transition of the site to surrounding areas;

2.      Based on the entire 2036 planning package (including the Draft 2036 Plans and Rezoning Proposal), no information has adequately addressed pedestrian connectivity West to East across Pacific Highway. Relying on signalised pedestrian signals should be discouraged and alternatives such an underpass or over bridge should be provided, particularly given the projected growth for the St Leonards area;

3.      The rezoning proposal does not currently appear to be providing any new larger scale community facilities;

4.      Other commercial land uses (and possibly additional floor space) should be investigated and considered at the Development Application stage; and

5.      The creation of appropriate set down and pick up areas for public transport and other transport methods on the Pacific Highway at the Metro Station.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Lane Cove Gift Card

237

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

1.    The report be received and noted; and

2.    The commencement of the program be deferred and referred to a Councillor workshop to discuss a marketing strategy, technology, launch plan and other questions submitted by Councillors.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

November 2018 Traffic Committee Meeting – ITEM Y4 Fraser Street Lane Cove North

Councillor Vissel declared a non pecuniary conflict of interest that is significant in item Y4 of the November 2018 Lane Cove Traffic Committee Meeting, “Fraser Street, Lane Cove North”, as she is a resident of Fraser Street, Lane Cove North.  She advised she will vacate the chamber and not debate or vote on the item.

Councillor Vissel left the Chambers at 8:25pm

Procedural Motion

238

RESOLVED on the motion of Councillors Bennison and Palmer that Council consider Item Y4 “Fraser Street, Lane Cove North” of the November 2018 Lane Cove Traffic Committee Meeting separately.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Zbik (Total 6).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

239

RESOLVED on the motion of Councillors Bennison and Brent that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 November 2018 in relation item Y4 “Fraser Street, Lane Cove North”.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Zbik (Total 6).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

Councillor Vissel returned to the Chamber at 8:27pm.

 


November 2018 Traffic Committee Meeting – excluding item y4

240

RESOLVED on the motion of Councillors Bennison and Brent that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 November 2018, with the exception of item Y4 “Fraser Street, Lane Cove North” and subject to the deletion of recommendation number 4 for item Y2 “River Road, Northwood”.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

St Leonards Plaza - Request for Tender for a Project Manager

241

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

1.    The tender for the provision of a Project Management Consultant be awarded to TSA Management subject to satisfactory financial capacity checks; and

2.    The General Manager be authorised to enter into a contract with TSA Management.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

 

Delegation of Authority During Christmas Recess

242

RESOLVED on the motion of Councillors Brent and Strassberg that subject to the provisions of Section 377 of the Local Government Act, 1993, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 18 February 2019, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


Consultation Results -  Closure and Relocation of Pedestrian Laneway - 25-29 Longueville Road, Lane Cove

243

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

1.   Note that following public consultation, on balance there are significant community benefits to the proposed closure and relocation of the pedestrian laneway between 25-27 Longueville Road, Lane Cove to between 29-31 Longueville Road; and

2.   Formally close as public road the pedestrian laneway between 25-27 Longueville Road as shown in AT-1.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Consultation Results - Proposed Closure the Northern End of Lithgow Street and Christie Lane, St Leonards

244

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

1.   Receive and note the report;

2.   Note that following the public consultation process, no valid objections were received from stakeholders to the proposed road closures of Christie Lane, St Leonards and the northern end of Lithgow Street, St Leonards;

3.   Formally close as public road Christie Lane, St Leonards and the northern end of Lithgow Street, St Leonards as shown in AT-1; and Dedicate to the RMS the section of land at the northern end of Lithgow Street as shown in AT-1; and

4.   Dedicate to the RMS the section of land at the northern end of Lithgow Street as shown in AT-1.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

Officer Reports for Information

 

Replacement of Lane Cove Aquatic Centre 50 Metre Pool and Grandstand

245

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Lane Cove Guiding Stars

246

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Plaza Anniversary - Heritage and Culture Award

247

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

1.    The report be received and noted; and

2.    Council commend Council’s Manager- Communication and Events and contributing staff on an excellent initiative and pass on its congratulations.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


Exhibition of Medium Density Code Planning Proposal

248

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Engineering Excellence Award

249

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

1.    The report be received and noted; and

2.    Council commend Council’s Road Safety Officer and contributing staff on an excellent initiative and pass on its congratulations.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 


 

Matter of Urgency

2019 NSW STATE GOVERNMENT ELECTION - METROPOLITAN DEBATES

The Mayor declared the item to be a Matter of Urgency.

250

RESOLVED on the motion of Councillors Bennison and Strassberg that the item be declared a Matter of Urgency.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).                                                                         

251

RESOLVED on the Motion of Councillors Bennison and Strassberg that Council:

1.    Write to the President of Local Government NSW, Linda Scott, to seek their interest in organising and moderating two (2) debates with the leaders of the major parties of the Members Legislative Council (MLC) including One Nation to debate local government issues in the lead up to the 2019 NSW State Government Election;

2.    Offer Council facilities to host the metropolitan debate; and

3.    Receive an update on the progress at the Councillors Corporate Planning Weekend in February.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

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:

 

Mayoral Minute - General Manager's Performance Review for 2017/18

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 as the report contains personal information about the performance of a staff member.

 

No members of the public made representations.

 


Adjournment

252

RESOLVED on the motion of Councillors Palmer and Bennison that Council adjourn for 10 minutes.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

The meeting was adjourned at 8:45pm.


 

Resumption

253

RESOLVED on the motion of Councillors Bennison and Strassberg that Council resume.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

The meeting resumed at 8:55pm.

 

CLOSED COMMITTEE

254

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

1.       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.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Closed Committee commenced at 8:56pm.  The public and media left the chamber.

 

Open Council resumed at 8:57pm.  The public and media were invited into the chamber.

 

Confidential Items

 

The General Manager read the recommendations of the Item considered in Closed Committee prior to Council’s consideration:

 

Mayoral Minute - General Manager's Performance Review for 2017/18

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; 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 as the report contains personal information about the performance of a staff member.

255

RESOLVED on the motion of Councillor Palmer that Council:-

1.   Endorse the outstanding level of performance achieved by the General Manager, Craig Wrightson in his performance review for 2017/18;

2.   The General Manager’s remuneration for 2018/19 be as determined in Closed Session; and

3.   Endorse the General Manager’s Performance Agreement 2018/19.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:58pm.

 

Confirmed at the Ordinary Council Meeting of 18 February 2019, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********