Minutes of Ordinary Council

Ordinary Council 18 March 2019

Minutes

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, 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, Acting Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Manager – Governance, Coordinator – Strategic Planning and Governance Officer.

DECLARATIONS OF INTEREST:

Councillor Bennison declared a non pecuniary conflict of interest that is not significant in relation to the ‘Update on the Long Term Lease of 266 Longueville Rd to Design, Construct and Operate a Seniors Living Village’ as he is a financial planner for a subsidiary of Australian Unity. He indicated he would vacate the chamber and not debate or vote on the items.

APOLOGIES

Apologies were received on behalf of Councillor D. Hutchens.

RESOLVED on the motion of Councillors Brooks-Horn and Palmer that the apology be accepted and leave of absence be granted.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Eric Percival of St Giles’ Anglican Church, Greenwich.

A minutes silence was observed for the victims of the terrorism event in Christchruch.

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.

Procedural Motion

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that consideration of the Confidential Item and be deferred to the end of the meeting and considered as the final item.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Councillors Brooks-Horn and Vissel 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, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

PUBLIC FORUM

Alister Birman of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Lynne McLoughlin of Lane Cove, on behalf of the Lane Cove Bushland Management Advisory Committee in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

James Douglas of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Margot Branson of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Peter Staveley of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Jeff Armitstead of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Ray Karslake of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Hilma Else of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Siobhan Walsh of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Skye Ellsmore of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Jenny Schneller of Northwood in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Don Murchison of Greenwich in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich, traffic and pedestrian safety on River Road and the terrorism event in Christchurch.

Chris Petzoldt of Greenwich in regards to traffic and pedestrian safety on River Road.

Alan Winney of Greenwich in regards to the St Leonards South development concept proposals.

Doug Stuart of Longueville in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Councillor Bennison left the meeting at 8:10pm.

Anita Jubian of St Leonards in regards to the St Leonards South development concept proposals and the St Leonards South development concept proposals.

Councillor Bennison returned to the meeting at 8:13pm.

Sue Yelland of Wollstonecraft in regards to Alternative Methods of Delivery for Development Application (DA) Notifications and online access to Development Applications and Planning Proposals.

Arlette Jubian of St Leonards in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich and the St Leonards South development concept proposals.

John Southwood of Greenwich in relation to the St Leonards South development concept proposals and Planning Proposals.

Albert Jubian of St Leonards in regards to Alternative Methods of Delivery for Development Application (DA) Notifications, the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich and the St Leonards South development concept proposals.

Merri Southwood of Greenwich, on behalf of the Greenwich Community Association, in regards to the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich and the St Leonards South development concept proposals and Planning Proposals.

Alice Beauchamp of Lane Cove in regards to the democracy of local government.

Penny Mabbutt of Greenwich clarifying comments of an earlier speaker.

Lisa Perry of Greenwich in regards to the St Leonards South development concept proposals and the Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich.

Liz Gill of Greenwich in regards to the democracy of local government.

RESUMPTION OF STANDING ORDERS

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, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Procedural Motion

RESOLVED on the motion of Councillors Bennison and Brent that Redevelopment Of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich be brought forward to be dealt with as the next item.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich

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

1. Request HammondCare hold an information evening to enable the community to more fully understand the proposal to expand the existing Hospital and establish seniors living apartments and villas as campus style development;

2. Obtain legal advice in regards to the applicability of the State Significant Development (SSD) to the residential component;

3. Lodge a submission to the Department of Planning advising of Council concerns listed in this report and as amended to include:-

a) Clarification of the land ownership;

b) Reinforcement of Council’s objection to the residential component of the development which will limit the future capacity of the hospital;

c) Difficulty in complying with the Apartment Design Guide;

d) Poor compliance with the sustainability criteria for the site of residential development;

e) A 10m setback from bushland should be indluded as required by Council’s DCP;

f) Overshadowing of bushland;

g) Preservation of heritage items including the garden surrounding Palister House, sandstone wall and inclusion of the residential component within the heritage curtilage;

h) Provision of a comprehensive traffic study;

i) Impact on stormwater infrastructure under one of the proposed buildings;

j) Impact on the character of the height and bulk of the buildings;

k) The need for additional montage images from different perspectives and locations;

l) Biodiversity requirements and concerns in relation to loss of natural drainage patterns; and

m) Impact on views from Sydney Harbour;

3. Invite representatives of HammondCare to address Council to articulate their aged care and affordable housing model; and

4. Send a copy of the submission to our Local Member seeking support.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 FEBRUARY 2019
35	RESOLVED on the motion of Councillors Brent and Strassberg that the minutes of the Ordinary Council meeting held on the 18 February 2019 be received.
	For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).
36	RESOLVED on the motion of Councillors Brent and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 18 February 2019 be confirmed.
	For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Notices of Motion

Alternative Methods of Delivery for Development Application (DA) Notifications

RESOLVED on the motion of Councillors Bennison and Palmer that the General Manager investigate and provide a report to Council:-

1. On alternative delivery methods, including the cost, for the delivery of Development Application (DA) notifications to residents in the notification areas determined by Council, including the option to post DA Notices on the subject property; and

2. Establishing procedures and extending the use of appropriate delivery methods to give notice to Councillors and residents about the receipt, status and consideration of planning proposals.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Impounding of Illegally Parked Vehicles

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the General Manager prepare a Motion for the LGNSW Conference with suggested changes to the legislation to allow Council Rangers the authority to have vehicles impounded where they are illegally parked across driveways preventing access. Such motion is to include safeguards to prevent the misuse of these changes including a requirement that the removal be initiated by an owner of the property.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Officer Reports for Determination

Community Gift Card - Love Where You Shop

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

1. Council engage Why Leave Town Promotions to manufacture 1,000 locally branded “Love Where You Shop” gift cards for launch prior to Mother’s Day on 12 May 2019;

2. Monthly statistics on card usage be included in Council’s monthly snapshot;

3. A minimum load amount of $30 be established; and

4. A further report be presented to Council no later than 12 months after the project commences.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Model Code of Conduct for Local Councils in NSW

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

1. Council adopt for the purpose of public exhibition, the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code which were prescribed by the Local Government (General) Regulation on 14 December 2018;

2. Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report;

3. Following the exhibition period, the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code together with a report on any submissions received, be considered at the Council meeting to be held 20 May 2019; and

4. Council submit a motion to the LGNSW Conference requesting explanation of the discrepancy in size between the Code of Conduct for Local Government in comparison to that of the Code for NSW Members of Parliament.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Model Code of Meeting Practice
	MOTION A Motion was moved by Councillors Zbik and Vissel that:- 1. Council adopt for the purpose of public exhibition, the Draft Code of Meeting Practice based on the Model Code prescribed by the Local Government (General) Regulation on 14 December 2018 subject to the amendment of Section 5.27 to remove the reference to ‘male’ members in relation to the requirement to not wear a tie; 2. Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and 3. Following the exhibition period, the Draft Code of Meeting Practice, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held 20 May 2019.
	Amendment An Amendment was moved by Councillors Palmer and Brent that:- 1. Council adopt for the purpose of public exhibition, the Draft Code of Meeting Practice based on the Model Code prescribed by the Local Government (General) Regulation on 14 December 2018 subject to the amendment of:- a) Section 5.27 to remove the reference to ‘male’ members in relation to the requirement to not wear a tie; and b) Section 4.3 to reflect public speaker information forms being required two (2) hours prior to the commencement of the meeting; 2. Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and 3. Following the exhibition period, the Draft Code of Meeting Practice, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held 20 May 2019.
	Upon being put to the meeting the Amendment was declared carried.
	For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 5). Against the Motion were Councillors Vissel, Zbik and Morris (Total 3).
	The Amendment became the Motion.
41	Upon being put to the meeting the Motion was declared carried.
	For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Ausgrid Precinct Plan For Vegetation Management Around Powerlines Community Consultation

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

1. The report be received and noted; and

2. Council adopt the amended Draft Local Government Area Plan – Vegetation Management Around Powerlines Lane Cove Council 2018 and submit to Ausgrid for final approval.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Revised Debt Management and Hardship Policy

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

1. Receive and note the report; and

2. Adopt the updated Debt Management and Hardship Policy at AT-2.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Officer Reports for Information

Plastic Straw Reduction Program

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

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Council Snapshot

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

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Adjournment

RESOLVED on the motion of Councillors Zbik and Vissel that Council adjourn for five (5) minutes.

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Resumption

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

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

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:

Update on the Long Term Lease of 266 Longueville Rd to Design, Construct and Operate a Seniors Living Village

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.

No members of the public made representations.

CLOSED COMMITTEE

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

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, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

Closed Committee commenced at 10:05pm. Councillor Bennison, the public and media left the chamber.

Open Council resumed at 10:21pm. The public and media were invited into the chamber.

Confidential Items

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

Update on the Long Term Lease of 266 Longueville Rd to Design, Construct and Operate a Seniors Living Village.
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.
49	RESOLVED on the motion of Councillors Brooks-Horn and Palmer that Council proceed as discussed in Closed Committee.
	For the Motion were Councillors Palmer, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 7). Against the Motion was Nil (Total 0). Absent was Councillor Bennison (Total 1).

CLOSE

The meeting closed at 10:23pm.

Confirmed at the Ordinary Council Meeting of Monday, 15 April 2019, at which meeting the signature herein is subscribed.

MAYOR

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