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Minutes

Ordinary Council Meeting

19 August 2019, 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 19 August 2019

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, 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, Strategic Planner and Governance Officer.

 

DECLARATIONS OF INTEREST:    Nil

 

APOLOGIES 

Apologies were received on behalf of Councillors D. Hutchens, D. Strassberg and K. Morris.

134

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

 

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

Against the Motion was Nil (Total 0).

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the Reverend Steven Pym of the Greenwich Presbyterian Church.

 

WEBCASTING OF COUNCIL MEETING

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

 

SUSPENSION OF STANDING ORDERS

135

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, Vissel and Zbik (Total 6).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

John Southwood of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Anita Jubian of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Alice Beauchamp of Lane Cove in regards to “Review Of Council's Use Of Glyphosate”.

Lisa Perry of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Merri Southwood of the Greenwich Community Association in regards to the in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Tom Goode in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Peter Deane of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Albert Jubian of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Alan Winney of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Jon Hancox of Wollstonecraft in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Suzanne Carr of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Arlette Jubian of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Bruce Donald of Waverton in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Diane Willis of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Annabelle Burley of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Jacky Barker of Lane Cove in regards to:-

·         “Petition to Extend the Lane Cove Library Opening Hours”;

·         Council’s Agreement for Lease in relation to 266 Longueville Road;

·         “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.;

·         Traffic safety at Mowbray Road;

·         The enforcement of Council’s No Smoking Policy;

·         Central Ward representation; and

·         Transparency of Council Resolutions.

Ian Thomas of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Gregory Perry of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

David Turner of Greenwich in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Councillor Bennison left the meeting at 8:07pm.

Councillor Bennison returned to the meeting at 8:08pm.

Don Murchison of Greenwich in regards to the Draft Bike Plan 2019.

Reg Mui of Lane Cove West regarding a ‘Sculpture by the River’ event.

David Kelly of St Leonards in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

Ivor Rees of St Leonards in regards to “St Leonards South Update - Outcome of Independent Planning Commission Findings Recommendation”.

 

RESUMPTION OF STANDING ORDERS

136

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

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 22 JULY 2019

137

RESOLVED on the motion of Councillors Bennison and Brent that the minutes of the Ordinary Council meeting held on the 22 July 2019 be received.

 

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

Against the Motion was Nil (Total 0).

138

RESOLVED on the motion of Councillors Brent and Brooks-Horn that the Minutes of the Ordinary Council meeting held on the 22 July 2019 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

 

Mayoral Minutes

 

Emergency Services Levy Increase Update

139

RESOLVED on the motion of Councillor Palmer that the report be received and noted.

 

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

Against the Motion was Nil (Total 0).

 

 

Petitions

 

Petition to Extend the Lane Cove Library Opening Hours

140

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

1.         Council not make any further changes to Library opening hours at this time;

2.         Council consider extending the Library closing time to 5:00pm on a Sunday in the 2020-2021 Budget; and

3.         The head petitioner be informed of Council’s decision.

 

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

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

Councillor Zbik provided an update as to the status of Council’s Request for a Moratorium on Residential Planning Proposals in Lane Cove currently before the State Government.

 

 

Officer Reports for Determination

 

St Leonards South Update - Outcome of Independent Planning Commission Findings

 

MOTION

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

1.       Council receive and note the advice of the Independent Planning Commission (IPC);

2.       Council advise the Department of Planning, Industry and Environment, that the NSW Government should review and respond to the IPC’s advice and recommend that:-

a)         Council participates in the process and provides all necessary information and resources as required;

b)         In conducting the review, although it is appropriate for Council to participate, the findings should be delivered by the Government;

c)         As a number of the issues raised by the IPC also apply to the remainder of the St Leonards / Crown Nest 2036 study area, the NSW Chief Planner be involved in the review in addition to the Government Architect; and

d)         Dr Deborah Dearing from the Greater Sydney Commission also be included in the review; and

3.       That the review also consider:-

a)         Reducing the 41% growth target for Lane Cove to 2036 to a more realistic rate in line with neighbouring Councils such as Mosman (6%) and Hunters Hill (9%) rather than our larger neighbours (such as North Sydney 27%, Willoughby 21% and Ryde 45%);

b)         Contributing to the provision of more open space in the St Leonards South precinct given that Council’s proposed contribution through the draft Master Plan is already $30 million (over and above existing s7.11 contributions) and a higher amount will be needed to purchase more open space;

c)         Overshadowing concerns, particularly facing River Road;

d)         The need to provide accessible pathways for pedestrians and cyclists;

e)         The need to provide local community facilities; and

f)         The overall financial feasibility of the plan.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillors Zbik and Vissel that:-

1.         Council receive and note the advice of the Independent Planning Commission;

2.         Council write to the Acting Deputy Secretary of NSW Department of Planning, Industry and Environment, Brett Whitworth to:-

a)         Meet directly with Councillors, Council staff and community representatives at a workshop to discuss:-

                                    i.          The outcomes of the advice from the IPC;

                                   ii.          The Department’s vision for the revised planning framework and infrastructure plan (in order to understand their position and views); and

                                  iii.          What review process the Department recommend that Council undertake; and

b)         Accept the Department’s offer of support of the Government Architect NSW and the Department, and request that the NSW Chief Planner also work with Council and Councillors, to assist in a Council led review of the St Leonards South Planning Proposal (No 25).

3.           Council write to the Minister for Planning and Open Spaces:-

a)         Advising that Council:-

                                    i.          Has accepted an offer of support from the Government Architect NSW and the Department of Planning, Industry and Environment to work with Council and Councillors to assist in the review of the Planning Proposal No 25 (Planning Proposal to implement the St Leonards South Masterplan);

                                   ii.         Has requested the NSW Chief Planner work be included in the review; and

                                  iii.          Advising that Council will withdraw Planning Proposal No 25 (Planning Proposal to implement the St Leonards South Masterplan) during the review process; and

b)         Providing a copy of this motion.

4.           A report be presented back to Council as soon as possible for approval:-

a)         Providing an initial assessment of the impact and viability of the proposed changes by NSW Department of Planning, Industry and Environment to Planning Proposal No 25;

b)         Outlining the review process to be undertaken; and

c)         Outlining the proposed community consultation process that includes communication to all East Ward residents.

5.            Any revision of Planning Proposal No 25 (Planning Proposal to implement the St Leonards South Masterplan):-

a)         Be tabled for adoption by Council at a general meeting;

b)         In the event any revised plan is approved by Council, Council to notify the Department of Planning, Industry and Environment that it will withdraw Planning Proposal 25 and replace it with a revised Planning Proposal; and

c)         Any revised Planning Proposal to be submitted to the Minister for Planning and Open Spaces in accordance with the Gateway Determination dated 2 September 2016.

 

The Mayor declared the Foreshadowed Motion to be out of order.

 

 

 

FORESHADOWED MOTION

A second Foreshadowed Motion was moved by Councillors Zbik and Vissel that Council:-

1.           Receive and note the advice of the Independent Planning Commission;

2.           Write to the Acting Deputy Secretary of NSW Department of Planning, Industry and Environment, Brett Whitworth to:

a)         Meet directly with Councillors, Council staff and community representatives at a workshop to discuss:-

                                    i.          The outcomes of the advice from the IPC;

                                   ii.          The Department’s vision for the revised planning framework and infrastructure plan (in order to understand their position and views); and

                                  iii.          What review process the Department recommend that Council undertake; and

b)         Accept the Department’s offer of support of the Government Architect NSW and the Department, and request that the NSW Chief Planner also work with Council and Councillors, to assist in a Council led review of the St Leonards South Planning Proposal (No 25).

141

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

 

For the Motion were Councillors Palmer, Bennison, Brent and Brooks-Horn (Total 4).

Against the Motion were Councillors Vissel and Zbik (Total 2).

 

The Foreshadowed Motion lapsed.

 

 

Matter arising

CORRESPONDENCE TO THE GREATER SYDNEY COMMISSION AND THE MINISTER FOR PLANNING AND PUBLIC SPACES

 

MOTION

A Motion was moved by Councillors Zbik that Council write to the Greater Sydney Commission and the Minister for Planning and Public Spaces advising that Council’s Draft Local Strategic Planning Statement has commenced public exhibition and seeking an amendment to Council’s previous request for a Moratorium on Residential Planning Proposals in the Lane Cove Local Government Area.

The Mayor declared the matter arising to be out of order.

 


 

Draft Local Strategic Planning Statement - Public Exhibition

 

MOTION

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

1.         Receive and note the report;

2.         Endorse the Draft Local Strategic Planning Statement for public exhibition;

3.         Undertake community consultation for a period of six (6) weeks as per the Consultation Strategy outlined in the report; and

4.         Write to the Greater Sydney Commission and the Department of Planning, Industry and Environment seeking an extension for Council to complete its draft Local Strategic Planning Statement and draft Housing Strategy given the review of the St Leonards South Master Plan.

 

AMENDMENT

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

1.         Receive and note the report;

2.         Endorse the Draft Local Strategic Planning Statement for public exhibition;

3.         Undertake community consultation for a period of six (6) weeks as per the Consultation Strategy outlined in the report;

4.         Seek feedback in the public exhibition on the inclusion of the St Leonards South Masterplan (Planning Proposal 25) within the Draft Local Strategic Planning Statement and seek alternatives acceptable to the community; and

5.         Write to the Greater Sydney Commission and the Department of Planning, Industry and Environment seeking an extension for Council to complete its draft Local Strategic Planning Statement and draft Housing Strategy given the review of the St Leonards South Master Plan.

 

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

 

For the Amendment were Councillors Vissel and Zbik (Total 2).

Against the Amendment were Councillors Palmer, Bennison, Brent and Brooks-Horn (Total 4).

142

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

 

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

Against the Motion was Nil (Total 0).

 


 

Review of Council's Use of Glyphosate

 

MOTION

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

1.         Continue to use Glyphosate while it is registered for use in Australia by the Australian Pesticides and Veterinary Medicines Authority (APVMA) in accordance with directions on the label;

2.         Update the signage used for notifying the community when using herbicides by ensuring that signage is of a large enough size and located in prominent areas;

3.         Continue to search for alternative chemical options to Glyphosate ensuring that any alternative chemicals have the same level, or a lower level of toxicity as Glyphosate;

4.         Continue to search for additional non-chemical alternatives for weed control to find a practical and cost-effective method for weed control and a follow up presentation be provided to Councillors at the annual Corporate Planning Weekend; and

5.         In response to community expectations, not use Glyphosate within 10 metres of unfenced children’s playgrounds or within fenced playgrounds.

 

AMENDMENT

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

1.         Continue to use Glyphosate while it is registered for use in Australia by the Australian Pesticides and Veterinary Medicines Authority (APVMA) in accordance with directions on the label subject to:-

a)         The spraying of weeds should be avoided as much as possible;

b)         Weeds be targeted with a wand;

c)         No Glyphosate to be used in or around children’s playgrounds, picnic areas or parks; and

d)         Large trees be either scraped or painted, as is the practice in bushcare or holes drilled for glyphosate to be inserted to prevent against cross contamination with the surrounding area;

2.         Update the signage used for notifying the community when using herbicides by ensuring that signage is of a large enough size and located in prominent areas;

3.         Continue to search for alternative chemical options to Glyphosate ensuring that any alternative chemicals have the same level, or a lower level of toxicity as Glyphosate;

4.         Continue to search for additional non-chemical alternatives for weed control to find a practical and cost-effective method for weed control and a follow-up presentation at the Councillors Planning weekend; and

5.         Write to the APVMA to review the approval for Glyphosates.

 

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

 

For the Amendment were Councillors Vissel and Zbik (Total 2).

Against the Amendment were Councillors Palmer, Bennison, Brent and Brooks-Horn (Total 4).

143

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Councillor Vissel (Total 1).

 


Tender for the Head Contractor for the Lane Cove 50m Pool and Grandstand Replacement

144

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

1.         Reject all of the submitted tenders for the appointment of the head Contractor for the Lane Cove 50 metre pool and grandstand replacement;

2.         Not call fresh tenders as the tender process has identified a suitable field of Contractors who can complete the project but require further clarification to eliminate all inconsistencies, exclusions and identify opportunities for savings within the existing scope;

3.         Enter into direct negotiations with Avant Constructions Pty Ltd, Icon (SI) Australia Pty Ltd and Lahey Constructions Pty Ltd for the appointment of the Head Contractor for the Lane Cove 50 metre pool and grandstand replacement;

4.         Authorise the General Manager to negotiate with Adco Constructions Pty and Erilyan Pty Ltd if negotiations cannot be finalised with the above named contractors;

5.         Delegate authority to the General Manager to negotiate with the contractors, finalise the contract value and enter into a contract with the preferred contractor; and

6.         Increase the 2019 / 20 Budget to provide additional funding, including the funds within the Market Square Reserve, to fund the project.

 

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

Against the Motion was Nil (Total 0).

 

July 2019 Traffic Committee Meeting

145

RESOLVED on the motion of Councillors Vissel and Zbik that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 16 July 2019.

 

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

Against the Motion was Nil (Total 0).

 

 

Local Government Conference NSW 2019 - Voting Delegates

146

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

1.       Rescind its decision of 22 July in relation to the nomination of voting delegates for the 2019 LGNSW Conference; and

2.       Appoint Councillors Palmer, Bennison and Brooks-Horn as Council’s voting delegates for Board Elections and Motions before the Local Government Conference NSW 2019.

 

It being noted that the appointment of Councillor Brooks-Horn as Council’s third voting delegate was made by lot as two (2) Councillors, being Councillors Brooks-Horn and Zbik, nominated for that role.

Councillor Vissel left the meeting at 10:27pm.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

Smart Cities Conference 2019

147

RESOLVED on the motion of Councillors Brooks-Horn and Brent that interested Councillors be authorised to attend the Smart Cities 2019 event in Sydney on 3rd September 2019.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

 

4th Quarter Review of the 2018-19 Delivery Program and Operational Plan

148

RESOLVED on the motion of Councillors Bennison and Brent that the 4th Quarter Review of the 2018-19 Delivery Program and Operational Plan be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

 

Northwood Shops Planning Proposal 29 Update

149

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

 

Council Snapshot July 2019

150

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

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Zbik (Total 5).

Against the Motion was Nil (Total 0).

Absent was Councillor Vissel (Total 1).

 

 

CLOSE

 

The meeting closed at 10:30pm.

 

Confirmed at the Ordinary Council Meeting of 16 September 2019, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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