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Minutes

Ordinary Council Meeting

21 October 2019

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 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

183

RESOLVED on the motion of Councillors Brooks Horn  that the apologies 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).

 

SUSPENSION OF STANDING ORDERS

184

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.

 

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

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

185

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, Strassberg, Vissel and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 SEPTEMBER 2019

186

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.

 

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

Against the Motion was Nil (Total 0).

187

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.

 

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 - St Leonards South Update October 2019

188

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.

 

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

Against the Motion was Nil (Total 0).

 

 

 

 

 

 

Mayoral Minute - Update on EPA's review of MWOO - Red Bin Processing to Compost

189

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.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Notice of Motion - Lane Cove Men's Shed

190

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.

 

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

 

Draft Community Land Plan of Management Post-Consultation Report

191

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.

 

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

Against the Motion was Nil (Total 0).

 

Final Bicycle Plan 2019

192

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.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Scott Bennison left the chamber, the time being 08:13 pm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Canopy All Day Parking Arrangements

193

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.

 

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

Against the Motion was Nil (Total 0).

 

Councillor Scott Bennison returned to the chamber, the time being 08:26pm

 

Trailers Parking on Streets

194

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.

 

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

Against the Motion was Nil (Total 0).

 

 

 

 

 

 

 

Seniors Parking Permits

195

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.

 

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

Against the Motion was Nil (Total 0).

 

Proposed Road Closure - Pinaroo Place

196

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.

 

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

Against the Motion was Nil (Total 0).

 

Variation of Deed of Agreement for Road Closure and Voluntary Sale & Acquisition of Land - Standish Street, Greenwich

197

RESOLVED on the motion of Councillors Palmer and Brent that the matter be deferred to a Councillor Workshop.

 

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

Against the Motion was Nil (Total 0).

 

Sustainability Small Grants - Round 18

198

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.

 

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

Against the Motion was Nil (Total 0).

 

Annual Financial Statements 2018/2019 - Referred for Audit

199

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).

 

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

Against the Motion was Nil (Total 0).

 

Proposed Risk Management and Internal Audit Framework

200

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.

 

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 - Becoming a Dementia - Friendly Community

201

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.

 

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

Against the Motion was Nil (Total 0).

 

September 2019 Traffic Committee Meeting

202

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.

 

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

Against the Motion was Nil (Total 0).

 

Pecuniary Interest Returns 2019

203

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.

 

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

Against the Motion was Nil (Total 0).

 

Council Snapshot September 2019

204

RESOLVED on the motion of Councillors Vissel and Brent 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).

 

 

Matter Arising

 

RESOLVED on the motion of Councillors Palmer and Brent that the content and format of the Monthly Snapshot be reviewed.

 

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 8.55

 

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

 

 

MAYOR

 

 

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