Ordinary Council 21 October 2019
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, A/Executive Manager
– Corporate Services, Executive Manager – Environmental Services,
Executive Manager – Open Space & Urban Services, Executive Manager
– Human Services, Coordinator – Strategic Planning and Governance
Officer.
DECLARATIONS OF INTEREST:
Councillor Bennison declared a pecuniary conflict of interest that is
significant in relation to the “Canopy Car Park Arrangements”
as his business is located in Birdwood Avenue and he owns a property in Birdwood
Avenue he advised that he would not debate or vote on the item.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by the Reverend Geoff
Plant of St Michael’s Parish, Lane Cove.
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.
APOLOGIES
Apologies were received on
behalf of Councillors D. Hutchens and K. Morris
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183
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RESOLVED on
the motion of Councillors Brooks Horn that
the apologies be accepted and leave of absence be granted.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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SUSPENSION
OF STANDING ORDERS
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184
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RESOLVED on
the motion of Councillors Strassberg and Brent 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.
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For the Motion were Councillors Palmer, Bennison,
Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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PUBLIC FORUM
David Lewinsohn of Lane Cove in
regards to the Lane Cove Men's Shed.
David Lloyd of Greenwich in regards to
the Mayoral Minute - St Leonards South and Climate Change.
Merri Southwood of Greenwich in regards
to the Mayoral Minute - St Leonards South.
David Astridge of Greenwich in regards
to the Mayoral Minute - St Leonards South.
Peter Deane of Greenwich in regards to
the Mayoral Minute - St Leonards South.
George Tax of Lane Cove in regards to the Lane
Cove Mens Shed.
Ian Thomas of Greenwich in regards to
the Mayoral Minute - St Leonards South.
Don Murchison of Lane Cove in regards
to the The Bicycle Plan 2019.
Arlette Jubian of Greenwich in regards
to the Mayoral Minute - St Leonards South.
Anita Jubian of St Leonards in regards
to the Mayoral Minute - St Leonards South.
Alice Beauchamp of Lane Cove in regards
to the Mayoral Minute - St Leonards South.
Diane Willis of Greenwich in regards to
the Mayoral Minute - St Leonards South.
Tom Lawson of Greenwich in regards to
the Mayoral Minute - St Leonards South.
Sue Yelland of Wollstonecraft in
regards to the Mayoral Minute - St Leonards South.
Jacky Barker of Lane Cove in regards to the Mayoral Minute -
EPA Review of MWOO, the Canopy All Day Parking Arrangements
and the Petition regarding Riverview Shops.
RESUMPTION
OF STANDING ORDERS
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185
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RESOLVED on
the motion of Councillors Brooks-Horn and Bennison that Standing Orders be
resumed.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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CONFIRMATION
OF MINUTES OF ORDINARY COUNCIL MEETING - 16 SEPTEMBER 2019
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186
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RESOLVED on
the motion of Councillors Brooks Horn and Strassberg
that the minutes of the Ordinary Council meeting held on the 16
September 2019 be received.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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187
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RESOLVED
on the motion of Clrs Brooks-Horn and Brent that
the minutes of the Ordinary Council meeting held on the 16 September 2019 be
confirmed.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Mayoral Minutes
Mayoral Minute - St Leonards South Update
October 2019
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188
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RESOLVED on
the motion of Councillors Palmer that:-
1.
The Minute be received and noted.
2.
It be noted the Department of Planning, Industry and Environment have
advised that the Draft Terms of Reference and the Draft Timetable will be
released at the end of the week.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Mayoral Minute - Update on EPA's review of
MWOO - Red Bin Processing to Compost
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189
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RESOLVED on
the motion of Councillor Palmer that:-
1.
The Mayoral Minute be received and noted.
2.
Council staff continue to work with NSROC and SSROC to seek a
resolution to the EPA ban particularly in respect of the application of the
processed MWOO to the remediation of the copper tailings dam at the Woodlawn
site.
3.
The Mayor write to the relevant Minister, and copy our local State
member, to highlight our concerns.
4.
Council inform the community via email, the website and social media
that public submissions can be made to the NSW Environment Protection
Authority (EPA) public consultation on the future use of general household
waste, including Mixed Waste Organic Outputs (“MWOO” or
“the material”) and that the consultation closes on the 28th
November 2019.
5.
Encourage residents to make submissions supporting the use of MWOO on
mine rehabilitation sites.
6.
Notify residents that the NSW EPA is holding a public briefing
on the future use of household waste and on Mixed Waste Organic Outputs
(MWOO) on Tuesday 29 October 2:00pm – 4:00pm in Sydney’s CBD and
online.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Notices of Motion
Notice of Motion - Lane Cove Men's Shed
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190
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RESOLVED on the motion of Councillors Brooks-Horn and Bennison that:-
1.
Council staff meet with representatives from the Lane Cove Men’s
Shed in order to come to an agreement as to what is required, in regard to a
new home for the Lane Cove Men’s Shed;
2.
Council investigate a suitable location and building type to
accommodate the requirements for the Lane Cove Men’s Shed;
3.
A
report come back to Council outlining the:-
a) Requirements
needed by the Lane Cove Men’s Shed for a new home;
b) Estimated
capital and operating budget required for consideration as part of the
2020/2021 budget;
c) Estimated time frame for the new home to be opened
and occupied by the Lane Cove Men’s Shed; and
d) Options for obtaining grants to assist
in funding the facility.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Officer Reports for Determination
Draft Community Land Plan of Management
Post-Consultation Report
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191
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RESOLVED on the motion of Councillors Bennison and Strassberg that:-
1.
Council adopt the updated Community Land Plan of Management (AT-1) with
various minor edits for the use and management of community land in Lane Cove
Local Government Area and the proposed categories for parcels of Crown Land as detailed in the Plan.
2.
The associated maps be incorporated into the
final version of the Plan.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Final Bicycle Plan 2019
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192
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RESOLVED on the motion of Councillors Vissel and Bennison that Council:-
1.
Receive and note the Lane Cove Bicycle Plan
2019 Consultation Report (shown attached as AT-1.
2.
Adopt the Draft Lane Cove Bicycle Plan 2019,
dated 4 October 2019 (shown attached as AT-1.
a)
Include a Statement in the Bicycle Plan that it is advantageous for
residents in Lane Cove to have a
segregated cycleway constructed between Cammeray
and the Sydney Harbour Bridge.
3.
Conduct the
next review of the Lane Cove Bicycle Plan after 2024.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Councillor Scott Bennison left the chamber, the time being
08:13 pm
The Canopy All Day Parking Arrangements
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193
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RESOLVED on the motion of Councillors Brent and Vissel that Council:-
1.
Receive and note the report.
2.
Implement temporary long stay parking
arrangements for The Canopy car park, Level P4 only under the following
arrangements:-
a) An
unrestricted business parking scheme be available for local businesses, with
a maximum of 50 to be issued, subject to payment of the fee in Council’s
Fees and Charges;
b) A casual
early bird parking scheme be available for all day on weekdays only, subject
to customers entering and exiting at the sign posted times and payment of the
fee which is to be 1/240 of the annual fee in Council’s Fees and
Charges; and
c) There shall
be no guarantee of a space once P4 is full, if the customer parks on other
levels of the car park, the standard parking rates will apply.
3.
Encourage user feedback on the temporary
arrangements via a dedicated email address in all relevant
communication materials
4.
A report comes back to Council in six
(6) months after the car park has opened to assess the success
of the parking arrangements.
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For the Motion were Councillors Palmer, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 6).
Against the Motion was Nil (Total 0).
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Councillor Scott Bennison returned to the chamber, the time
being 08:26pm
Trailers Parking on Streets
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194
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RESOLVED on the motion of
Councillors Brooks-Horn and Brent that:-
1.
Council lobby the NSW Government to:-
a) Amend the Boat
Trailer Impounding Act 2015 to include other types of trailers (car trailers,
box trailers, caravans, and mobile self-storage trailers);
b) Introduce
an infringement under the Boat Trailer Impounding Act 2015 to allow Council
Rangers to enforce the legislation more effectively; and
c) Where
clustering of trailers occurs in particular areas of the LGA the ‘No
Parking – Motor Vehicles Accepted’ method will be utilised, with
approval sought from the Local Traffic Committee for implementation.
2.
Information
in the Report be included on Council’s website.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Seniors Parking Permits
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195
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RESOLVED on the motion of
Councillors Brooks-Horn and Vissel that:-
1. Council receive and note the report.
2. A
report back to Council following an investigation into the number and
occupancy of seniors and disability car spaces including consideration of
available RMS statistical data.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Proposed Road Closure - Pinaroo Place
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196
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RESOLVED on the motion of
Councillors Brooks-Horn and Zbik that Council:-
1. Note
that following public notification in the North Shore Times and by letters to
relevant stakeholders, no valid objections were received to the proposed
closure of the southern end of Pinaroo Place, Lane Cove; and
2. Council
formally close the road.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Sustainability Small Grants - Round 18
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198
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RESOLVED on the motion of
Councillors Brent and Vissel that Council:-
1. Approve
the funding from the Sustainability Small Grants Program for the Sydney
Edible Garden Trail to the value of $5,000; and
2. Give
Public Notice of the proposed funding under Round 18 of the Sustainability
Small Grants Program, and subject to no objections being received, grant the
funds as outlined above.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Annual Financial Statements 2018/2019 -
Referred for Audit
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199
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RESOLVED on the motion of Councillors Bennison and Strassberg that:-
1. Council’s resolution at the Ordinary Council Meeting of 16
September 2019 (Minute No. 175) in relation to referral of the 2018/19
Financial Statements be rescinded.
2. Council receive and note the revised Draft 2018/19 Annual
Financial Statements attached at AT-1 to this Report.
In respect to
Council’s General Purpose Financial Reports the following statement which
is shown at AT-2 be provided for signature under delegated authority by
the Mayor, one other Councillor, the General Manager and the Responsible
Accounting Officer:-
GENERAL
PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2019
Statement by Councillors and Management made
pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).
The attached General Purpose Financial
Statements for the year ended 30 June 2019, have been drawn up in accordance
with the:-
·
Local
Government Act 1993 (as amended) and the Regulations made there under;
·
Australian Accounting
Standards and professional pronouncements; and
·
Local
Government Code of Accounting Practice and Financial Reporting.
To the best of our knowledge and belief, this
Report:-
·
Presents
fairly the Council's operating result and financial position for the year;
and
·
Accords with
Council’s accounting and other records.
We are not aware of matter that would render
this Report false or misleading in any way.
3. In respect to
Council's Special Purpose Financial Reports, the following statement which is
shown at AT-3 be provided for signature by the Mayor, one other
Councillor, the General Manager and the Responsible Accounting Officer:-
SPECIAL PURPOSE FINANCIAL STATEMENTS
FOR THE YEAR ENDED 30 JUNE 2019
Statement by Councillors and Management made pursuant
to the Local Government Code of Accounting Practice and Financial Reporting.
The attached Special Purpose Annual Financial
Statements for the year ended 30 June 2019, have been drawn up in accordance
with:-
·
NSW Government
Policy Statement "Application of National Competition Policy to Local
Government";
·
Office of
Local Government guidelines "Pricing & Costing for Council
Businesses: Guide to Competitive Neutrality"; and
·
The Local
Government Code of Accounting Practice and Financial Reporting.
To the best of our knowledge and belief,
these Reports:-
·
Present fairly
the Council's operating result and financial position for each of
Council’s declared Business Activities for the year; and
·
Accord with
Council’s Accounting and other records.
We are not aware of any matter that is false or misleading in
any way.
4. Council's revised Draft Annual Financial Statements for the year
ended 30 June 2019 at AT-1 be referred for audit by Council’s
external Auditors and the date of referral be revised in the statement.
5.
Council note that the net adjustment to
net assets would be presumed to be immaterial under AABB.1031 4.1.6(b).
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Proposed Risk Management and Internal Audit
Framework
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200
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RESOLVED on the motion of
Councillors Bennison and Zbik that:-
1. Council
receive and note the information.
2 Council
lodge a submission with the Office of Local Government (OLG) and a copy also
be provided to Local Government NSW by 31 December 2019 expressing concern at
the level of resourcing required by regional councils and also highlight the
following matters:
a)
Councillor representation should not be removed from the Audit
Risk and
Improvement Committee; and
b)
The concept that a Councillor can only attend the Committee at
the discretion
of the Committee be removed; given
that this is not normal corporate and governance practice.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Lane Cove - Becoming a Dementia - Friendly
Community
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201
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RESOLVED on the motion of Councillors Strassberg and Brent that the matter be deferred to a Council
Workshop and include how this will integrate within Council’s existing
Advisory Committee structure.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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September 2019 Traffic Committee Meeting
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202
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RESOLVED on the motion of
Councillors Vissel and Brooks-Horn that:-
Council adopt the
recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday,
17 September 2019.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Pecuniary Interest Returns 2019
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203
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RESOLVED on the motion of
Councillors Bennison and Vissel that Council note the tabling of Pecuniary
Interest Returns of Designated Staff and Councillors for the return period 1
July 2018 till 30 June 2019.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Council Snapshot September 2019
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204
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RESOLVED on the motion of Councillors Vissel and Brent that the report be received and noted.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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Matter Arising
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RESOLVED on the motion of
Councillors Palmer and Brent that the content and format of the Monthly
Snapshot be reviewed.
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For the Motion were Councillors Palmer, Bennison, Brent,
Brooks-Horn, Strassberg, Vissel and Zbik (Total 7).
Against the Motion was Nil (Total 0).
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CLOSE
The meeting closed at 8.55
Confirmed at the Ordinary Council Meeting of Monday 18
November 2019 at which meeting the signature herein is subscribed.
MAYOR
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MINUTES *********